Can functional features be protected by design patents?

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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. 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 patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.” However, it’s important to note that the design must not be dictated solely by function. The ornamental aspect must be the primary consideration, with any functional elements being secondary to the overall decorative appearance. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Article Design Must Be a Matter of Concern During Manufacture to Overcome Ornamentality Rejection MPEP 1504.01(c) Ornamental Design Must Be Evaluated Directly And With Additional Evidence MPEP 1504.01(c) Design Must Be Primarily Ornamental MPEP 1504.01(c) Required Design Requirement for Primarily Ornamental Appearance MPEP 1504.01(c) Design Must Be Viewed as a Whole MPEP 1504.01(c) Ornamental vs Functional Features Distinction MPEP 1504.01(c) Ornamental Design Distinction from Article MPEP 1504.01(c) Required Design Must Be Created for Ornamentation MPEP 1504.01(c) Required Design Must Be Primarily Ornamental During Visibility Period MPEP 1504.01(c) Design Must Be Primarily Ornamental During Visibility Period MPEP 1504.01(c) Other Related FAQs 5 FAQs Collapse What is the &#8220;article of manufacture&#8221; requirement for design patents?...