How are drawings in design patents treated as prior art?
Drawings in design patents are treated similarly to those in utility patents when it comes to prior art. The MPEP 2125 explicitly states:
“The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents.”
This means that if a drawing in a design patent clearly shows the structure of a claimed invention, it can be used as anticipatory prior art or to demonstrate obviousness, regardless of whether the original intent was to patent the design or utility of the invention. The key factor is what the drawings reasonably disclose to a person of ordinary skill in the art, not the type of patent they appear in.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2125 - Drawings As Prior Art,
Patent Law,
Patent Procedure