What should be included in the specification for a design patent with multiple articles?
When filing a design patent application for multiple articles or parts, it’s important to include a specific statement in the specification. According to MPEP 1504.01(b):
“A descriptive statement should be included in the specification making it clear that the claim is directed to the collective appearance of the articles shown.”
This statement helps to clarify that the design patent is not claiming each article individually, but rather the overall appearance of the articles as a unified design. For example, the statement might read: “The ornamental design for a cutlery set, as shown and described.” This ensures that examiners and potential infringers understand the scope of the design patent claim.
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