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:
- Design patents focus on the ornamental appearance of an article, while utility patents cover functional aspects.
- The arrangement of elements in a design patent application is specified in 37 CFR 1.154, which differs from utility patents.
- Design patent applications require a specific claim form (see MPEP § 1503.01, subsection III).
- 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.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure