What is considered a “simulation” in design patent law?
In design patent law, a “simulation” refers to a design that imitates an existing object, person, or naturally occurring form without significant originality. According to MPEP 1504.01(d), “a design which simulates an existing object or person is not original as required by the statute.” The MPEP cites several cases to support this, including:
- Bennage v. Phillippi: “The arbitrary chance selection of a form of a now well known and celebrated building, to be applied to toys, inkstands, paper – weights, etc. does not, in my opinion, evince the slightest exercise of invention….”
- In re Smith: “to take a natural form, in a natural pose, … does not constitute invention”
These cases establish that designs merely replicating existing objects or natural forms lack the originality required for design patent protection.
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