What is the “article of manufacture” requirement for design patents?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The “article of manufacture” requirement is a fundamental aspect of design patent protection. According to MPEP 1504.01(c) , a design must be embodied in or applied to an article of manufacture: “A design patent application may be filed for any design for an article of manufacture. The article of manufacture is the tangible item to which the design is applied.” This means that abstract designs or those not applied to a specific, tangible product are not eligible for design patent protection. The design must be inseparable from the article it is applied to, forming an integral part of its appearance. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Requirement for Rejecting Design Patent Claims Lacking Ornamentality MPEP 1504.01(c) Permitted Purpose of Ornamenting Requirement for Design Patent MPEP 1504.01(c) Required Purpose of Ornamentation Requirement for Design Claims MPEP 1504.01(c) Design Must Be Visible During Use MPEP 1504.01(c) Design Requirement for Primarily Ornamental Appearance MPEP 1504.01(c) Article Design Must Be a Matter of Concern During Manufacture to Overcome Ornamentality Rejection MPEP 1504.01(c) Design Must Be Created for Ornamentation MPEP 1504.01(c) Prohibited Design Must Be Created for Ornamentation MPEP 1504.01(c) Required Design Must Be Created for Ornamenting MPEP 1504.01(c) Other Related FAQs 5 FAQs Collapse What are the criteria for determining ornamentality in design patents? How does the USPTO evaluate ornamentality in design patent applications? Can functional features be protected by design patents? How does visibility affect ornamentality in design patents? Are ther...