What is a design patent and what does it protect?
A design patent protects the ornamental design for an article of manufacture. According to MPEP 1502, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.” This means that a design patent covers the visual appearance of an object,…
Read MoreHow does the USPTO examine design patent applications for computer-generated icons?
The USPTO follows specific procedures when examining design patent applications for computer-generated icons to ensure compliance with the “article of manufacture” requirement of 35 U.S.C. 171. The MPEP outlines these procedures: Review the entire disclosure to determine what the applicant claims as the design and whether it’s embodied in an article of manufacture. Examine the…
Read MoreAre type fonts eligible for design patent protection?
Yes, type fonts are eligible for design patent protection. The MPEP addresses this specifically: “Traditionally, type fonts have been generated by solid blocks from which each letter or symbol was produced. Consequently, the USPTO has historically granted design patents drawn to type fonts.” Moreover, the MPEP clarifies that modern methods of typesetting, including computer generation,…
Read MoreWhat qualifies as statutory subject matter for design patents?
According to MPEP 1504.01, statutory subject matter for design patents includes: A design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (surface indicia) A design for the shape or configuration of an article of manufacture A combination of the first two categories The key requirement is that…
Read MoreHow should the title be worded for a design patent application involving computer-generated icons?
The title in a design patent application for computer-generated icons should clearly refer to the claimed subject matter and adequately describe a design for an article of manufacture under 35 U.S.C. 171. The MPEP provides specific guidance on appropriate and inappropriate titles: “The following titles do not adequately describe a design for an article of…
Read MoreCan 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 MoreWhat are the key elements of a design patent?
What are the key elements of a design patent? A design patent protects the ornamental appearance of an article of manufacture. According to MPEP 1502, the key elements of a design patent include: Visual characteristics: The design must be visible when the article is in its normal use. Ornamental nature: The design must be primarily…
Read MoreHow does a design patent differ from a utility patent?
Design patents and utility patents protect different aspects of an invention: Design Patent: Protects the ornamental design or appearance of an article of manufacture. Utility Patent: Protects the functional aspects, structure, or process of an invention. According to MPEP 1502, a design patent covers “the visual characteristics embodied in or applied to an article.” This…
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 MoreWhat are the requirements for obtaining a design patent?
The requirements for obtaining a design patent are outlined in 35 U.S.C. 171, which states: “Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.” Based on this statute, the key requirements for a design patent are: Novelty:…
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