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