Can a design patent protect both 2D and 3D designs?
Can a design patent protect both 2D and 3D designs?
Yes, design patents can protect both two-dimensional (2D) and three-dimensional (3D) designs. According to MPEP 1502:
“The design for an article consists of the visual characteristics embodied in or applied to an article.”
This broad definition encompasses:
- 3D designs: The overall shape and configuration of an article.
- 2D designs: Surface ornamentation applied to an article.
- Combination: Both 3D shape and 2D surface ornamentation.
Examples of 2D designs include patterns on fabric or wallpaper, while 3D designs could be the shape of a chair or a bottle. The key is that the design must be applied to or embodied in an article of manufacture, regardless of whether it’s 2D or 3D.
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