What is the “visual impression” test for design patents?

What is the “visual impression” test for design patents?

The “visual impression” test is an important consideration in design patent examination. According to MPEP 1504.04:

“In determining whether a design is primarily functional or primarily ornamental, it is necessary to consider the design as a whole, i.e., the impression of the design as it is viewed in its entirety, in determining whether the claimed design is dictated by the utilitarian purpose of the article.”

This means that:

• Examiners consider the overall visual impression of the design
• The design is evaluated as a whole, not just individual elements
• The test helps determine if the design is primarily ornamental or functional

When preparing your design patent application, consider how your design will be perceived as a whole to ensure it meets the ornamentality requirement.

To learn more:

• visual impression test
• design patent
• ornamental design
• functional design