Telephone: 202.512.1800.Īn ornamental design may be embodied in an entire article or only a portion of an article, or may be ornamentation applied to an article. Inquiries relating to the sale of the MPEP should be directed to the Superintendent of Documents, United States Government Printing Office, Washington, D.C. The practice and procedures relating to design applications are set forth in chapter 1500 of the Manual of Patent Examining Procedure (MPEP). The following additional rules have been referred to in this guide:Ī copy of these laws and rules is included at the end of this guide. The rules (Code of Federal Regulations) pertaining to the drawing disclosure of a design patent application are: The principal statutes (United States Code) governing design patents are: A design patent protects only the appearance of the article and not structural or utilitarian features. 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. 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. It must be a definite pattern of surface ornamentation, applied to an article of manufacture. A design for surface ornamentation is inseparable from the article to which it is applied and cannot exist alone. 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. Rules That Apply to the Drawings of a Design Patent ApplicationĪ Guide To Filing A Design Patent ApplicationĪ design consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Patent Laws That Apply to Design Patent Applications Improper Subject Matter for Design Patents Transferring ownership / Assignments helpĭifference Between Design and Utility Patents.International intergovernmental organizations.Enforcing your trademark rights/trademark litigation.Checking registration status & viewing documents.Checking application status & viewing documents.Madrid Protocol & international protection.
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