How does the “ornamentality” requirement affect design patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. How does the “ornamentality” requirement affect design patent applications? The ornamentality requirement is a crucial aspect of design patent applications. According to MPEP 1504.04 : “To be patentable, a design must be ‘primarily ornamental.’ … The design for an article consists of the visual characteristics embodied in or applied to an article.” This means that: The design must be visually appealing It should not be dictated solely by function The ornamental features must be visible during normal use of the article When preparing a design patent application, ensure that your design meets these ornamentality criteria to improve the chances of approval. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Patent Features Must Be Clearly Shown MPEP 1504.04 Permitted Design Must Show Visible Surfaces Only MPEP 1504.04 Design Must Show Visible Surfaces Only MPEP 1504.04 Design Must Show Visual Appearance Only MPEP 1504.04 Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Design Must Be Clearly Depicted In Full Lines MPEP 1504.04 Required Design Must Reflect Visual Appearance for Patentability MPEP 1504.04 Recommended Design Must Only Disclose Visible Surfaces MPEP 1504.04 Claimed Design Must Be Clearly Disclosed MPEP 1504.04 Prohibited Amended Design Must Comply with Written Description Requirement MPEP 1504.04 Required Other Related FAQs 5 FAQs Collapse What is the best mode requirement for design patents? How are broken lines used in design patent drawings? How are amendments to design patent applications evaluated for new matter? How does indefiniteness apply to design patent claims? How do continuation and divisional applications affect design ...