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by tinus_hn 1220 days ago
There is such a thing as a design patent that could cover something like the smiley.
1 comments

> design patents do not protect pictures, images, graphic designs, patterns or any other 2-dimensional visual imagery in the abstract. A patented design must be tied to an article of manufacture. In fact, the patent examination manual known as the MPEP requires that each design patent application specify the article of manufacture in the title and claim.