How are combination and subcombination designs treated in design patent applications?

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.

Combination and subcombination designs in design patent applications are treated as follows:

• A design claim covers the entire design as a whole and does not extend to individual parts.
• Embodiments of different scope (e.g., a whole product and a part of that product) can be included in a single application if they are not patentably distinct.
• If the combination and subcombination designs are patentably distinct, they must be in separate applications.

The MPEP states:

“Embodiments directed to a design as a whole (combination) as well as individual parts or portions (subcombination) thereof may not be included in a single application if the appearances are patentably distinct.”

This approach ensures that each design patent covers a single inventive concept while allowing for some flexibility in scope.