What should be included in the description of a design patent application?
Generally, a brief description of the drawing is sufficient for a design patent application. As stated in MPEP 1503.01:
No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views is its own best description.
However, the following may be included in the specification:
- Description of portions of the claimed design not illustrated in the drawing
- Disclaimer statements for portions not part of the claimed design
- Statements explaining the nature and intended use of the claimed design
- A “characteristic features” statement describing a particular feature considered novel or nonobvious
It’s important to note that statements describing other embodiments not shown in the drawings or attempting to broaden the scope beyond what is shown are not permitted.
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