How should the claim be written in a design patent application?
How should the claim be written in a design patent application?
The claim in a design patent application is unique and follows a specific format. According to MPEP 1503.03:
“The claim shall be in formal terms to the ornamental design for the article (specifying name of article) as shown, or as shown and described. More than one claim is neither required nor permitted for purposes of the United States.“
The standard format for a design patent claim is:
“The ornamental design for [article name] as shown and described.”
Key points about design patent claims:
- Only one claim is permitted in a design patent application
- The claim must be directed to the design embodied in or applied to an article of manufacture
- The claim should not describe any particular feature but should be generic to the entire design
- If the design is shown in color drawings, the claim must include the phrase “and described”
For example, a proper claim might read: “The ornamental design for a table lamp as shown and described.” This format ensures that the claim covers the entire visual appearance of the design as disclosed in the drawings and any description, without limiting it to specific features.
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