What are the key elements of a design patent?
What are the key elements of a design patent?
A design patent protects the ornamental appearance of an article of manufacture. According to MPEP 1502, the key elements of a design patent include:
- Visual characteristics: The design must be visible when the article is in its normal use.
- Ornamental nature: The design must be primarily ornamental rather than functional.
- Article of manufacture: The design must be applied to or embodied in an article of manufacture.
The MPEP states: “The design for an article consists of the visual characteristics embodied in or applied to an article.” This emphasizes that the design must be a tangible, visual element of a physical object.
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