What is the definition of an ornamental feature or design in patent law?
An ornamental feature or design is defined as one that was “created for the purpose of ornamenting” and cannot be the result or “merely a by-product” of functional or mechanical considerations. This definition comes from the case In re Carletti, where the court stated:
“An ornamental feature or design has been defined as one which was ‘created for the purpose of ornamenting’ and cannot be the result or ‘merely a by-product’ of functional or mechanical considerations.“
This means that for a design to be considered ornamental, it must be intentionally created to enhance the appearance of the article, rather than being a consequence of its functional aspects.
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