What is the “visual impression” test for design patents?

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.

What is the “visual impression” test for design patents?

The “visual impression” test is an important consideration in design patent examination. According to MPEP 1504.04:

“In determining whether a design is primarily functional or primarily ornamental, it is necessary to consider the design as a whole, i.e., the impression of the design as it is viewed in its entirety, in determining whether the claimed design is dictated by the utilitarian purpose of the article.”

This means that:

• Examiners consider the overall visual impression of the design
• The design is evaluated as a whole, not just individual elements
• The test helps determine if the design is primarily ornamental or functional

When preparing your design patent application, consider how your design will be perceived as a whole to ensure it meets the ornamentality requirement.