How does a design patent application differ from a utility patent application?

While design patent applications share many elements with utility patent applications, there are some key differences:

  1. Design patents focus on the ornamental appearance of an article, while utility patents cover functional aspects.
  2. The arrangement of elements in a design patent application is specified in 37 CFR 1.154, which differs from utility patents.
  3. Design patent applications require a specific claim form (see MPEP § 1503.01, subsection III).
  4. Drawings are particularly crucial in design patent applications, with specific requirements outlined in MPEP § 1503.02.

The MPEP states, “A design patent application has essentially the elements required of an application for a utility patent (see Chapter 600).” However, the specific requirements and focus differ significantly between the two types of applications.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: claim form, design patents, patent application differences, utility patents