Can functional features be protected by design patents?
While design patents primarily protect ornamental designs, functional features can sometimes be included if they contribute to the overall ornamental appearance. The MPEP 1504.01(c) states:
“The design for an article consists of the visual characteristics embodied in or applied to an article. Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.”
However, it’s important to note that the design must not be dictated solely by function. The ornamental aspect must be the primary consideration, with any functional elements being secondary to the overall decorative appearance.
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