How does the USPTO interpret the phrase “design for an article” in 35 U.S.C. 171?

The United States Patent and Trademark Office (USPTO) interprets the phrase “design for an article” in 35 U.S.C. 171 broadly. According to MPEP 1502, the interpretation is as follows:

“171 refers, not to the design of an article, but to the design for an article, and is inclusive of ornamental designs of all kinds including surface ornamentation as well as configuration of goods.” (In re Zahn, 617 F.2d 261, 204 USPQ 988 (CCPA 1980))

This interpretation means that:

• The design doesn’t have to be of the entire article, but can be for a part of it.
• The protection extends to various types of ornamental designs, including both two-dimensional surface ornamentation and three-dimensional configurations.
• The design must still be applied to or embodied in an article of manufacture, not existing as an abstract concept.

This broad interpretation allows for a wide range of designs to be potentially patentable, as long as they meet other criteria for design patent eligibility.

To learn more:

• design for an article
• 35 U.S.C. 171
• USPTO interpretation
• ornamental designs
• surface ornamentation
• configuration of goods