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

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.

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.