What are the key elements of a design patent?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Must Be Applied to Article of Manufacture MPEP 1502 Prohibited Design Must Be Applied to Article of Manufacture MPEP 1502 Design Must Be Embodied in an Article of Manufacture MPEP 1504.01 Required Ornamental Appearance Includes Shape and Surface Ornamentation MPEP 1502.01 Design Claimed Not the Article Itself MPEP 1502 Design Must Be Embodied In Article Of Manufacture MPEP 1504.01 Design for Article Not Design of Article MPEP 1502 Design Patent Application May Include Configuration, Surface Ornamentation, or Both MPEP 1502 Permitted Design Patent Only for Applied Design MPEP 1502 Difference Between Design and Utility Patents MPEP 1502.01 Other Related FAQs 5 FAQs Collapse What types of visual characteristics can be protected by a design patent? Can a design patent protect a design in the abstract? Can a design patent protect a pattern or surface ornamentation alone? How does a design patent differ from a utility patent? Can a design patent protect both 2D and 3D designs?