What is the level of ordinary skill in the art for design patents?
The MPEP provides guidance on determining the level of ordinary skill in the art for design patents:
“The ‘level of ordinary skill in the art’ from which obviousness of a design claim must be evaluated under 35 U.S.C. 103 has been held by the courts to be the perspective of the ‘designer of . . . articles of the types presented.’ See In re Nalbandian, 661 F.2d 1214, 1216, 211 USPQ 782, 784 (CCPA 1981); In re Carter, 673 F.2d 1378, 213 USPQ 625 (CCPA 1982).”
This means that when assessing whether a design would have been obvious, the standard is based on what would have been obvious to a designer who typically designs the type of article in question. This perspective helps ensure that the evaluation of obviousness is grounded in the practical realities of the specific design field.
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