What are the essential elements of a design patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
A design patent application filed under 35 U.S.C. chapter 16 has essentially the same elements required of a utility patent application, with some specific requirements. The key elements include:
- A specification arranged as specified in 37 CFR 1.154
- A claim in a specific form (see MPEP § 1503.01, subsection III)
- Drawings (see MPEP § 1503.02)
As stated in the MPEP, “A claim in a specific form is a necessary element of a design patent application. … A drawing is an essential element of a design patent application.“