How does indefiniteness apply to design patent claims?
Indefiniteness in design patent claims is addressed in MPEP 1504.04. The section states:
“A claim is indefinite when it is unclear what design applicant is claiming.”
This can occur in several ways:
- When the claim language is vague or ambiguous
- When the drawings are inconsistent or unclear
- When there’s a discrepancy between the claim and the drawings
To avoid indefiniteness, the design claim should clearly define the article of manufacture and the ornamental design applied to or embodied in that article. The drawings should consistently depict all claimed features.
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