What are the requirements for written description in design patents?

The written description requirement for design patents is outlined in MPEP 1504.04. Unlike utility patents, design patents primarily rely on drawings to fulfill this requirement. The MPEP states: “While the drawing in a design application is the primary means of satisfying the written description requirement, a detailed verbal description of the claimed design may also…

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How 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…

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What are the requirements for a design patent title?

The requirements for a design patent title are specified in MPEP 1503.01: “The title of the design must designate the particular article.” This means: The title should be descriptive of the article in which the design is embodied or applied. It should be as short and specific as possible. Words such as “design for” or…

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What is the term of a design patent?

The term of a design patent depends on when the application was filed: For design applications filed on or after May 13, 2015, the term is 15 years from the date of grant. For design applications filed before May 13, 2015, the term is 14 years from the date of grant. This change was implemented…

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