What qualifies as statutory subject matter for design patents?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. According to MPEP 1504.01 , statutory subject matter for design patents includes: A design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (surface indicia) A design for the shape or configuration of an article of manufacture A combination of the first two categories The key requirement is that the design must be embodied in or applied to an article of manufacture. As stated in the MPEP, “Consistent with 35 U.S.C. 171, case law and USPTO practice, the design must be shown as applied to or embodied in an article of manufacture.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Must Be Embodied in an Article of Manufacture MPEP 1504.01 Required Design Must Be Embodied In Article Of Manufacture MPEP 1504.01 Design Claim Must Be Embodied In Article of Manufacture MPEP 1504.01 Permitted Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Design Must Include Ornamental Surface or Configuration MPEP 1504.01 Requirement for New Ornamental Design MPEP 1504.01 Permitted Claims to Non-Manufactured Pictures Should Be Rejected MPEP 1504.01 Recommended Picture Standing Alone Not Patentable MPEP 1504.01 Provisions for Designs Apply to Patents MPEP 1504.01 Required Specification and Drawings Required for Filing Date MPEP 1504.01 Required Other Related FAQs 5 FAQs Collapse What are the requirements for design patent protection? What is the difference between a design patent and a utility patent? What types of subject matter are not eligible for design patent protection? Can a picture or abstract design alone be patented as a design patent? What are the requirements for a design to be considered &#8220;useful&#8...