How does the U.S. Design Classification system compare to the Locarno Classification system?
The relationship between the U.S. Design Classification system and the Locarno Classification system is complex. The MPEP states: In many areas of design subject matter, the U.S. Design Classification and Locarno Classification systems are parallel. In others, the two systems are conceptually different.
Key differences include:
- The Locarno system is generally based on the nature of the design rather than ornamental appearance.
- There’s no specific provision within the Locarno system for designs which are simulative of other objects.
- A one-to-one relationship between the two classification systems is not always possible.
To bridge these differences, The Office of Patent Classification has prepared a Concordance between the U.S. Design Classification classes and subclasses and the Locarno International Classification.
This Concordance helps in translating between the two systems, although perfect alignment is not always achievable.
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