What are the requirements for obtaining a design patent?

The requirements for obtaining a design patent are outlined in 35 U.S.C. 171, which states:

“Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.”

Based on this statute, the key requirements for a design patent are:

  • Novelty: The design must be new
  • Originality: The design must be original
  • Ornamentality: The design must be ornamental
  • Article of Manufacture: The design must be for an article of manufacture

Additionally, the design must meet other general patentability requirements, such as non-obviousness, as indicated by the phrase “subject to the conditions and requirements of this title.”

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Tags: article of manufacture, design patent requirements, novelty, originality, ornamentality