Can a design patent protect a pattern or surface ornamentation alone?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 to be eligible for design patent protection. The design must be a concrete application to an article, not an abstract concept. The MPEP further clarifies this by citing recent case law: “ A design claim is limited to the article of manufacture identified in the claim; it does not broadly cover a design in the abstract. ” (In re SurgiSil, L.L.P., 14 F.4th 1380, 1382, 2021 USPQ2d 1008 (Fed. Cir. 2021)) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Must Be Applied to Article of Manufacture MPEP 1502 Design Must Be Applied to Article of Manufacture MPEP 1502 Prohibited Design Claimed Not the Article Itself MPEP 1502 Design Patent Application May Include Configuration, Surface Ornamentation, or Both MPEP 1502 Permitted Design Must Be Embodied in an Article of Manufacture MPEP 1504.01 Required Design Patent Only for Applied Design MPEP 1502 Design Must Be Embodied In Article Of Manufacture MPEP 1504.01 Ornamental Appearance Includes Shape and Surface Ornamentation MPEP 1502.01 Design for Article Not Design of Article MPEP 1502 Claim Must Designate Article of Manufacture MPEP 1504.01(a) Recommended Other Related FAQs 5 FAQs Collapse What types of visual characteristics can be protected by a design patent? Can a design patent protect a design in the abstract? How does a design patent differ from a utility patent? Can a design...