What is the written description requirement for design patents?

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 written description requirement for design patents is essentially the same as for utility patents. The key points are:

• The drawings provide the description of the invention for design patents
• The disclosure must reasonably convey to those skilled in the art that the inventor had possession of the claimed design as of the filing date
• The test is “whether the disclosure of the application relied upon reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date”

As stated in the MPEP: For designs, ‘[i]t is the drawings of the design patent that provide the description of the invention.’ (MPEP 1504.04)