This page consolidates MPEP guidance interpreting 35 U.S.C. § 171, including 186 rules 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.

Summary

Design patents protect the ornamental design of an article, while utility patents cover new and useful processes, machines, manufactures, or compositions of matter.

What this section covers

• This section covers the distinction between design patents and utility patents, focusing on their core differences in scope and application.
• The primary topic is to clarify the differences between design patents, which protect ornamental designs, and utility patents, which cover functional inventions.

Key obligations

• Practitioners must understand the distinction between design and utility patents to ensure compliance with patent laws.
• Ensure that the design patent application correctly identifies and describes the ornamental aspects of the design to meet legal requirements.
• Comply with 35 U.S.C. 171 for design patents to ensure that the application is valid and enforceable.

Practice notes

• Ensure the design patent application clearly describes and illustrates the ornamental aspects of the design to avoid ambiguity.
• Avoid including functional features in design patent claims, as they are not protected by design patents.

Related Provisions

• 35 U.S.C. § 111
• 37 CFR § 1.53
• 35 U.S.C. § 101
• 35 U.S.C. § 112
• 37 CFR § 1.153

Based on MPEP Last Modified: 10/30/2024 08:50:22