How are combination and subcombination designs treated in design patent applications?

Combination and subcombination designs in design patent applications are treated as follows:

• A design claim covers the entire design as a whole and does not extend to individual parts.
• Embodiments of different scope (e.g., a whole product and a part of that product) can be included in a single application if they are not patentably distinct.
• If the combination and subcombination designs are patentably distinct, they must be in separate applications.

The MPEP states:

“Embodiments directed to a design as a whole (combination) as well as individual parts or portions (subcombination) thereof may not be included in a single application if the appearances are patentably distinct.”

This approach ensures that each design patent covers a single inventive concept while allowing for some flexibility in scope.

To learn more:

• design patents
• combination designs
• subcombination designs
• patentably distinct