What constitutes a successful reduction to practice for a design patent?

Reduction to practice for design patents differs from utility patents. The MPEP 2138.05 provides guidance on this topic:

“In the case of a design patent application, the invention is reduced to practice when an embodiment of the design is created that allows a person skilled in the art to make an article embodying the design.”

Key points for reduction to practice in design patents include:

• Creation of a visual representation (e.g., drawings, 3D models) that fully discloses the design.
• The design must be fixed in a tangible form.
• Unlike utility patents, there’s no requirement to prove that the design works for its intended purpose.
• The focus is on the ornamental aspects of the design, not its functionality.

Inventors seeking design patent protection should ensure they have clear, comprehensive visual representations of their design to establish reduction to practice.

To learn more:

• design patent
• reduction to practice
• visual representation
• ornamental design