Tuesday, January 14, 2014
Like a What? Sex Inventions and the USPTO
Dear Rich: Does the USPTO frown on sex toys receiving design patent protection? I have seen no restrictions, unlike the Lanham TM act, which has the "immoral and scandalous" language in the statute.
You're correct that U.S. trademark law has a
(scroll down). By contrast, design and utility patents have been issued for
sex inventions. (All it takes is
novelty and nonobviousness
). For more on the subject check out Hoag Levins'
American Sex Machines: The Hidden History of Sex at the U.S. Patent Office
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