What is a design patent and what does it protect?
A design patent protects the ornamental design for an article of manufacture. According to MPEP 1502, “the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself.” This means that a design patent covers the visual appearance of an object, rather than its functional aspects.
The MPEP further clarifies that a design patent can cover:
- The configuration or shape of an article
- The surface ornamentation applied to an article
- A combination of configuration and surface ornamentation
It’s important to note that “Design is inseparable from the article to which it is applied and cannot exist alone merely as a scheme of surface ornamentation.” This means that the design must be applied to a specific article of manufacture and cannot be protected in abstract form.
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