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Definition:
A design consists of the visual ornamental characteristics
embodied in, or applied to, an article of manufacture.
Since a design is manifested in appearance, the subject
matter of a design patent application may relate to the
configuration or shape of an article, to the surface ornamentation
applied to an article, or to the combination of configuration
and surface ornamentation. A design for surface ornamentation
is inseparable from the article to which it is applied
and cannot exist alone. It must be a definite pattern
of surface ornamentation, applied to an article of manufacture.
In discharging its patent-related duties, the United
States Patent and Trademark Office (USPTO or Office) examines
applications and grants patents on inventions when applicants
are entitled to them. The patent law provides for the
granting of design patents to any person who has invented
any new, original and ornamental design for an article
of manufacture. A design patent protects only the appearance
of the article and not structural or utilitarian features.
Types:
An ornamental design may be embodied in an entire article
or only a portion of an article, or may be ornamentation
applied to an article. If a design is directed to just
surface ornamentation, it must be shown applied to an
article in the drawings, and the article must be shown
in broken lines, as it forms no part of the claimed design.
A design patent application may only have a single claim
(37 CFR â 1.153). Designs that are independent and distinct
must be filed in separate applications since they cannot
be supported by a single claim. Designs are independent
if there is no apparent relationship between two or more
articles. For example, a pair of eyeglasses and a door
handle are independent articles and must be claimed in
separate applications. Designs are considered distinct
if they have different shapes and appearances even though
they are related articles. For example, two vases having
different surface ornamentation creating distinct appearances
must be claimed in separate applications. However, modified
forms, or embodiments of a single design concept may be
filed in one application. For example, vases with only
minimal configuration differences may be considered a
single design concept and both embodiments may be included
in a single application.
Difference Between Design and Utility Patents:
A Àutility patent” protects the way an article is used
and works, while a "design patent" protects the way an
article looks. Both design and utility patents may be
obtained on an article if invention resides both in its
utility and ornamental appearance. While utility and design
patents afford legally separate protection, the utility
and ornamentality of an article are not easily separable.
Articles of manufacture may possess both functional and
ornamental characteristics.
Design Patent Application Elements:
Should include the following:
(1) Preamble, stating name of the applicant, title
of the design, and a brief description of the nature
and intended use of the article in which the design
is embodied;
(2) Cross-reference to related applications (unless
included in the application data sheet).
(3) Statement regarding federally sponsored research
or development.
(4) Description of the figure(s) of the drawing;
(5) Feature description;
(6) A single claim;
(7) Drawings or photographs;
(8) Executed oath or declaration.
In addition, the filing fee, search fee, and examination
fee are also required. If applicant is a small entity,
(an independent inventor, a small business concern,
or a non-profit organization), these fees are reduced
by half.
U.S. Department of Commerce
Patent and Trademark Office
www.uspto.gov
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