What is the enablement requirement for design patents?

The enablement requirement for design patents under 35 U.S.C. 112(a) means the disclosure must enable a designer of ordinary skill to make an article having the claimed design. Key points include:

  • The drawings must clearly show the design
  • Only visible portions during sale or use need to be shown
  • The level of detail required depends on the complexity of the design

The MPEP notes: Only those surfaces of the article that are visible at the point of sale or during use must be disclosed to meet the requirement of 35 U.S.C. 112(a) and (b). (MPEP 1504.04)

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Tags: 35 Usc 112, design patents, Enablement, patent drawings