The Difference Between Design and Utility Patents For example, vases with only minimal configuration differences may be considered a single design concept and both embodiments may be included in a single application. However, modified forms, or embodiments of a single design concept may be filed in one application. For example, two vases having different surface ornamentation creating distinct appearances must be claimed in separate applications. Designs are considered distinct if they have different shapes and appearances even though they are related articles. For example, a pair of eyeglasses and a door handle are independent articles and must be claimed in separate applications. Designs are independent if there is no apparent relationship between two or more articles. Designs that are independent and distinct must be filed in separate applications since they cannot be supported by a single claim. If a design is directed to just surface ornamentation, it must be shown applied to an article in the drawings, and the article must be shown in broken lines, as it forms no part of the claimed design.Ī design patent application may only have a single claim (37 CFR § 1.153). Telephone: 202.512.1800.Īn ornamental design may be embodied in an entire article or only a portion of an article, or may be ornamentation applied to an article. Inquiries relating to the sale of the MPEP should be directed to the Superintendent of Documents, United States Government Printing Office, Washington, D.C.
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The practice and procedures relating to design applications are set forth in chapter 1500 of the Manual of Patent Examining Procedure (MPEP). The following additional rules have been referred to in this guide:Ī copy of these laws and rules is included at the end of this guide. The rules (Code of Federal Regulations) pertaining to the drawing disclosure of a design patent application are: The principal statutes (United States Code) governing design patents are: A design patent protects only the appearance of the article and not structural or utilitarian features. The patent law provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. In discharging its patent-related duties, the United States Patent and Trademark Office (USPTO or Office) examines applications and grants patents on inventions when applicants are entitled to them. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. Rules That Apply to the Drawings of a Design Patent ApplicationĪ Guide To Filing A Design Patent ApplicationĪ design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Patent Laws That Apply to Design Patent Applications Improper Subject Matter for Design Patents
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