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 do surface ornamentation and configuration affect design patent eligibility?
How do surface ornamentation and configuration affect design patent eligibility? Surface ornamentation and configuration are key aspects of design patent eligibility. The MPEP 1504.04 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…
Read MoreCan 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…
Read MoreWhat types of visual characteristics can be protected by a design patent?
A design patent can protect various visual characteristics of an article of manufacture. According to MPEP 1502, the subject matter of a design patent application may relate to: The configuration or shape of an article The surface ornamentation applied to an article The combination of configuration and surface ornamentation The MPEP states: “Since a design…
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