Can a design patent protect both 2D and 3D designs?

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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. 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 an article. 2D designs: Surface ornamentation applied to an article. Combination: Both 3D shape and 2D surface ornamentation. Examples of 2D designs include patterns on fabric or wallpaper, while 3D designs could be the shape of a chair or a bottle. The key is that the design must be applied to or embodied in an article of manufacture, regardless of whether it’s 2D or 3D. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Must Be Applied to Article of Manufacture MPEP 1502 Prohibited Design Must Be Applied to Article of Manufacture MPEP 1502 Design Must Be Embodied in an Article of Manufacture MPEP 1504.01 Required Ornamental Appearance Includes Shape and Surface Ornamentation MPEP 1502.01 Design Patent Application May Include Configuration, Surface Ornamentation, or Both MPEP 1502 Permitted Design for Article Not Design of Article MPEP 1502 Design Must Be Embodied In Article Of Manufacture MPEP 1504.01 Design Patent Only for Applied Design MPEP 1502 Both Design and Utility Can Protect Articles With Both Functionality and Aesthetics MPEP 1502.01 Permitted Design Must Include Ornamental Surface or Configuration MPEP 1504.01 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? Can a design patent protect a pattern or surface ornamentation alone? Ho...