What qualifies as statutory subject matter for design patents?

According to MPEP 1504.01, statutory subject matter for design patents includes:

• A design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (surface indicia)
• A design for the shape or configuration of an article of manufacture
• A combination of the first two categories

The key requirement is that the design must be embodied in or applied to an article of manufacture. As stated in the MPEP, “Consistent with 35 U.S.C. 171, case law and USPTO practice, the design must be shown as applied to or embodied in an article of manufacture.”

To learn more:

• design patents
• statutory subject matter
• article of manufacture
• ornamental design