How does the “ornamentality” requirement affect design patent applications?
How does the “ornamentality” requirement affect design patent applications?
The ornamentality requirement is a crucial aspect of design patent applications. According to MPEP 1504.04:
“To be patentable, a design must be ‘primarily ornamental.’ … The design for an article consists of the visual characteristics embodied in or applied to an article.”
This means that:
- The design must be visually appealing
- It should not be dictated solely by function
- The ornamental features must be visible during normal use of the article
When preparing a design patent application, ensure that your design meets these ornamentality criteria to improve the chances of approval.
To learn more: