What legal provisions govern design patents in the United States?

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.

Design patents in the United States are primarily governed by two chapters of Title 35 of the United States Code:

• Chapter 16, which provides for domestic design patents
• Chapter 38, which deals with international design applications filed under the Hague Agreement

As stated in the MPEP, Design patents are provided for in 35 U.S.C. chapter 16. In addition, international design applications filed under the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”) are provided for in 35 U.S.C. chapter 38.

It’s important to note that certain provisions in Chapter 38 make Chapter 16 applicable to international design applications. For more detailed information on international design applications, refer to MPEP Chapter 2900.