What types of visual characteristics can be protected by a design patent?
A design patent can protect various visual characteristics of an article of manufacture. According to MPEP 1502, the subject matter of a design patent application may relate to:
- The configuration or shape of an article
- The surface ornamentation applied to an article
- The combination of configuration and surface ornamentation
The MPEP states: “Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.“
It’s important to note that these visual characteristics must be ornamental in nature and not purely functional. The design must also be applied to a specific article of manufacture and cannot exist as an abstract concept.
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