What is the legal basis for rejecting design patents with offensive content?

The legal basis for rejecting design patents with offensive content stems from multiple sources in U.S. patent law and regulations:

1. 35 U.S.C. 171: This statute defines the requirements for design patents. MPEP 1504.01(e) interprets this to exclude offensive subject matter:

“Design applications which disclose subject matter which could be deemed offensive to any race, religion, sex, ethnic group, or nationality, such as those which include caricatures or depictions, should be rejected as nonstatutory subject matter under 35 U.S.C. 171.”

2. 37 CFR 1.3: This regulation requires decorum and courtesy in papers submitted to the USPTO. The MPEP states:

“37 CFR 1.3 proscribes the presentation of papers which are lacking in decorum and courtesy, and this includes depictions of caricatures in the disclosure, drawings, and/or a claim which might reasonably be considered offensive.”

These provisions together form the legal foundation for rejecting design patent applications containing offensive content.

To learn more:

• legal basis
• design patent rejection
• offensive content
• 35 U.S.C. 171
• 37 CFR 1.3