Can a picture or abstract design alone be patented as a design patent?
No, a picture or abstract design alone cannot be patented as a design patent. According to MPEP 1504.01: “A picture standing alone is not patentable under 35 U.S.C. 171. The factor which distinguishes statutory design subject matter from mere picture or ornamentation, per se (i.e., abstract design), is the embodiment of the design in an…
Read MoreCan a design patent protect a pattern or surface ornamentation alone?
No, a design patent cannot protect a pattern or surface ornamentation alone. According to MPEP 1502, “Design is inseparable from the article to which it is applied and cannot exist alone merely as a scheme of surface ornamentation.“ This means that any surface ornamentation or pattern must be applied to a specific article of manufacture…
Read MoreCan a design patent protect a design in the abstract?
No, a design patent cannot protect a design in the abstract. According to MPEP 1502, design patents are specifically limited to designs applied to articles of manufacture. This principle is reinforced by recent case law cited in the MPEP: “A design claim is limited to the article of manufacture identified in the claim; it does…
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