What is the distinction between utility and design patents in the MPEP?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. According to MPEP 901.04 , there are two main types of patents: Utility Patents: These are issued “for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Design Patents: These are issued “for any new, original and ornamental design for an article of manufacture.” The MPEP states: “Patents for plants which are asexually reproduced are provided for in 35 U.S.C. 161 and are included in the main body of patents.” This means plant patents are a subset of utility patents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Separate Numbering for Plant Patents MPEP 901.04 Utility Patents Include Mechanical, Electrical, Chemical Inventions Since 1836 MPEP 901.04 Utility Patents Issued Since 1836 Included Here MPEP 901.04 Plant Patents Require Separate Numbering MPEP 901.04 Plant Patents Must Use P.P. Series MPEP 901.04 Required Design Patents Issued with D Prefix MPEP 901.04 Design Patents Must Use D Prefix MPEP 901.04 Required Correction Certificate Is Part of Patent MPEP 901.04 Citation By Number Only Refers To This Series MPEP 901.04 Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Other Related FAQs 5 FAQs Collapse How are reissue patents classified in the MPEP? What is the significance of X-Series patents in the MPEP? Can an abandoned application be used as prior art? What are the exceptions to the 18-month publication rule for patent applications? What is the significance of abandoned applications in patent examination?