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 interpret the phrase “design for an article” in 35 U.S.C. 171?
The United States Patent and Trademark Office (USPTO) interprets the phrase “design for an article” in 35 U.S.C. 171 broadly. According to MPEP 1502, the interpretation is as follows: “171 refers, not to the design of an article, but to the design for an article, and is inclusive of ornamental designs of all kinds including…
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 a design patent protect both 2D and 3D designs?
Can a design patent protect both 2D and 3D designs? Yes, design patents can protect both two-dimensional (2D) and three-dimensional (3D) designs. According to MPEP 1502: “The design for an article consists of the visual characteristics embodied in or applied to an article.” This broad definition encompasses: 3D designs: The overall shape and configuration of…
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 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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