How should the claim in a design patent application be formatted?
The claim in a design patent application must follow specific formatting requirements. According to MPEP 1503.01:
The claim shall be in formal terms to the ornamental design for the article (specifying name) as shown, or as shown and described. More than one claim is neither required nor permitted.
Key points about the design patent claim:
- Only one claim is allowed
- It should normally be in the format: “The ornamental design for (article name) as shown.”
- If the specification includes a descriptive statement, the claim should read: “The ornamental design for (article name) as shown and described.”
- The article name in the claim should be consistent with the title of the invention
For example, a proper claim might read: “The ornamental design for a chair as shown.” or “The ornamental design for a lamp as shown and described.”
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