Can a design patent application include a characteristic feature statement?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Yes, a design patent application can include a characteristic feature statement. According to MPEP 1503.01:

“A characteristic feature statement may be included in the specification. Such a statement could be used, for example, to describe a feature of the design that is considered by the applicant to be a feature of novelty or non-obviousness over the prior art.”

Key points about characteristic feature statements:

  • They are optional and not required for all design patent applications.
  • They can highlight unique or novel aspects of the design.
  • The statement should be brief and to the point.
  • It should not include a detailed description of the entire design.

Example: “The characteristic feature of the design resides in the curved backrest as shown in the drawings.”

Tags: characteristic feature, design patent, Patent Specification