What is the written description requirement for design patents?
The written description requirement for design patents is essentially the same as for utility patents. The key points are:
- The drawings provide the description of the invention for design patents
- The disclosure must reasonably convey to those skilled in the art that the inventor had possession of the claimed design as of the filing date
- The test is “whether the disclosure of the application relied upon reasonably conveys to those skilled in the art that the inventor had possession of the claimed subject matter as of the filing date”
As stated in the MPEP: For designs, ‘[i]t is the drawings of the design patent that provide the description of the invention.’
(MPEP 1504.04)
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