What are the requirements for obtaining a design patent?

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 requirements for obtaining a design patent are outlined in 35 U.S.C. 171, which states:

“Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.”

Based on this statute, the key requirements for a design patent are:

• Novelty: The design must be new
• Originality: The design must be original
• Ornamentality: The design must be ornamental
• Article of Manufacture: The design must be for an article of manufacture

Additionally, the design must meet other general patentability requirements, such as non-obviousness, as indicated by the phrase “subject to the conditions and requirements of this title.”