What are the required elements of a design patent application?
What are the required elements of a design patent application?
According to MPEP 1503, a design patent application filed under 35 U.S.C. chapter 16 must include the following elements:
- Preamble, stating the name of the applicant, title of the design, and a brief description of the nature and intended use of the article in which the design is embodied
- Cross-reference to related applications (if applicable)
- Statement regarding federally sponsored research or development (if applicable)
- Description of the figure(s) of the drawing
- Feature description
- A single claim
- Drawings or photographs
- Executed oath or declaration
The MPEP states: “In addition to the elements required for utility applications (see MPEP § 601.01), a design patent application must include a specification containing a description and claim (37 CFR 1.153), and drawings (37 CFR 1.152).” It’s important to note that these elements must be carefully prepared to meet the specific requirements for design patent applications.
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