How do surface ornamentation and configuration affect design patent eligibility?
How do surface ornamentation and configuration affect design patent eligibility?
Surface ornamentation and configuration are key aspects of design patent eligibility. The MPEP 1504.04 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.”
This means that:
- A design patent can cover the shape of an article
- It can also cover surface decorations applied to an article
- Or it can cover a combination of both shape and surface decoration
When applying for a design patent, consider whether your design involves configuration, surface ornamentation, or both, and ensure your application accurately reflects these aspects.
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