What are the essential elements of a design patent application?
A design patent application filed under 35 U.S.C. chapter 16 has essentially the same elements required of a utility patent application, with some specific requirements. The key elements include:
- A specification arranged as specified in 37 CFR 1.154
- A claim in a specific form (see MPEP § 1503.01, subsection III)
- Drawings (see MPEP § 1503.02)
As stated in the MPEP, “A claim in a specific form is a necessary element of a design patent application. … A drawing is an essential element of a design patent application.“
To learn more: