What are the requirements for written description in design patents?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The written description requirement for design patents is outlined in MPEP 1504.04. Unlike utility patents, design patents primarily rely on drawings to fulfill this requirement. The MPEP states:

“While the drawing in a design application is the primary means of satisfying the written description requirement, a detailed verbal description of the claimed design may also be included in the application.”

Key points to remember:

• The drawings must clearly depict the claimed design
• Any written description should be consistent with the drawings
• New matter cannot be added to the original disclosure

It’s crucial that the original disclosure (drawings and any description) provides sufficient detail to show possession of the claimed design at the time of filing.