What is the main difference between design patent applications and utility patent applications regarding claims?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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 main difference is that a design patent application may only have a single claim, while a utility patent application can contain multiple claims. As stated in the MPEP:
“Unlike a utility patent application, which can contain plural claims directed to plural inventions, a design patent application may only have a single claim.”
This limitation on claims in design patents means that multiple embodiments can only be included if they are considered patentably indistinct.