Design Patents

Design Patent Basics — 35 USC 171 / MPEP 1502 Protects ornamental appearance of article of manufacture — not function. Must be novel, original, and ornamental. Cannot protect purely functional designs. Article of manufacture must be disclosed — design cannot exist independently.

Single Claim Requirement — MPEP 1503.03 Design patent has exactly ONE claim — "The ornamental design for [article], as shown." Cannot have multiple claims. All drawings form part of the single claim. Broken lines: show unclaimed environment or boundaries — not part of claimed design. Solid lines: show claimed design.

Drawings — MPEP 1503.02 Drawings are the disclosure — must show every feature of claimed design. Surface shading required to show contour and shape. At least 7 views typically needed. Broken lines used for unclaimed portions or environmental structure. Inconsistency between views = rejection.

Term and Maintenance — MPEP 1505 Applications filed on or after May 13, 2015: 15-year term from grant date. Applications filed before May 13, 2015: 14-year term from grant date. No maintenance fees required. Cannot claim benefit of provisional application — design applications are excluded from 35 USC 119(e) benefit.

Functionality Bar — MPEP 1504.01(c) If appearance is dictated solely by function, design is not protectable. Test: is there an alternative design that performs same function? If yes, design is ornamental. If appearance is only possible way to achieve function, design is unpatentable.

Hague Agreement — MPEP 2901+ International design applications under Hague Agreement. Can designate multiple countries in one filing. US national stage entry available — same domestic design patent rules apply including single claim requirement.