Brief Summary:
The details of design patents are discussed here. Design patents protect the way an article “looks” as opposed to how an article “works” (which is provided in a utility patent). The design must be embodied in or applied to an article or manufacture, it cannot exist alone.
There are many unique properties of design patents that are discussed here as well.
Key Terms:
| Design | A design patent protects the ornamental appearance or aesthetic design of a functional item, rather than its utility or functional aspects. |
| Double Patenting | Double patenting refers to the prohibition against an inventor holding two patents for the same invention or for obvious variations of the same invention, to prevent unjustified extension of patent rights. |
| Expedited Examination | Expedited examination is a process that accelerates the review of a patent application, allowing it to be examined more quickly than under standard procedures, often in exchange for an additional fee or meeting specific criteria. |
| Novelty | Novelty refers to the requirement that an invention must be new and not previously known or used by others before the date of the patent application to qualify for patent protection. |
| Specification | A specification is a detailed written description of an invention in a patent application, explaining how it works and how to make and use it, which is essential for defining the scope of the patent protection. |
| Utility Patent | A Utility Patent protects the functional aspects of an invention, covering new and useful processes, machines, articles of manufacture, or compositions of matter, and is the most common type of patent. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.152 – Design drawings. |
| 37 CFR 1.152 specifies that design patent applications must include drawings or photographs that clearly depict the design’s appearance, showing all features of the claimed design. |
| 37 CFR 1.154 – Arrangement of application elements in a design application. |
| 37 CFR 1.154 outlines the required order and arrangement of elements in a design patent application, including the title, description, drawings or photographs, and any necessary disclaimers or other statements. |
35 USC (United States Code):
| 35 USC 171 – Patents for designs. |
| 35 USC 171 establishes that patents can be granted for new, original, and ornamental designs for an article of manufacture, subject to the conditions and requirements of patentability. |
| 35 USC 173 – Term of design patent. |
| 35 USC 173 specifies that the term of a design patent is 15 years from the date of grant. |
Quick Statistics:
Number of Pages: 79 pgs
Sections: 1501 – 1513
List of Sections:
| 1501 | Statutes and Rules Applicable | |
| 1502 | Definition of a Design | |
| • 1502.01 Distinction Between Design and Utility Patents | ||
| 1503 | Elements of a Design Patent Application Filed Under 35 U.S.C. chapter 16 | |
| • 1503.01 Specification • 1503.02 Drawing | ||
| 1504 | Examination | |
| • 1504.01 Statutory Subject Matter for Designs | ||
| • 1504.01(a) Computer-Generated Icons • 1504.01(b) Design Comprising Multiple Articles or Multiple Parts Embodied in a Single Article • 1504.01(c) Lack of Ornamentality • 1504.01(d) Simulation • 1504.01(e) Offensive Subject Matter | ||
| • 1504.02 Novelty • 1504.03 Nonobviousness • 1504.04 Considerations Under 35 U.S.C. 112 • 1504.05 Restriction • 1504.06 Double Patenting • 1504.07 – 1504.09 [Reserved] • 1504.10 Priority Under 35 U.S.C. 119(a)-(d), 386(a) and (b) • 1504.11-1504.19 [Reserved] • 1504.20 Benefit Under 35 U.S.C. 120 • 1504.21-1504.29 [Reserved] • 1504.30 Expedited Examination | ||
| 1505 | Term of Design Patent | |
| 1506 – 1508 | [Reserved] | |
| 1509 | Reissue of a Design Patent | |
| 1510 | Reexamination | |
| 1511 | Protest | |
| 1512 | Relationship Between Design Patent, Copyright, and Trademark | |
| 1513 | Miscellaneous |