Do the principles in MPEP Chapter 800 apply to design patent applications?

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, the general principles in MPEP Chapter 800 do apply to design patent applications, but with some exceptions. The introduction states:

“The general principles set forth in this chapter apply to design applications, except as identified in MPEP § 1504.05 and § 1504.06.”

This means that while the basic concepts of restriction and double patenting apply to design applications, there are specific considerations for design patents outlined in MPEP § 1504.05 (regarding restriction) and MPEP § 1504.06 (regarding double patenting) that may modify how these principles are applied.