MPEP Q & A 320: What are the three types of designs interpreted by case law to include?

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Question:

What are the three types of designs the language “new, original and ornamental design for an article of manufacture” has been interpreted by the case law to include?

Answer:

The language “new, original and ornamental design for an article of manufacture” has been interpreted by the case law to include at least three kinds of designs:

  • (A) a design for an ornament, impression, print, or picture applied to or embodied in an article of manufacture (surface indicia);
  • (B) a design for the shape or configuration of an article of manufacture; and
  • (C) a combination of the first two categories.

Chapter Details:

The answer to this question can be found in chapter 1500 of the MPEP. This chapter covers Design Patents.

The answer is from the 9th Edition, Revision 07.2022, Published February 2023. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1504.01 of the MPEP.  The following is a brief summary of section 1504.01.

1504.01 Statutory Subject Matter for Designs

This section covers statutory subject matter for designs. It goes over the three types of designs that are patentable. A picture alone is not patentable.


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