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DESIGN PATENTS |
The subject matter of a design patent application is limited to the ornamental design or shape of an article. The ornamental design of an article of manufacture should be clearly identified in the design patent application. 35 U.S.C. 171 states, “Whoever invents any new, original, and ornamental design for an article of manufacture may obtain a patent therefor”. The patent term for a design patent is fourteen years from the date of grant. You may obtain a design patent for a design of an entire article or a part of an article. Furthermore, a design patent may be obtained for a design which is applied to the surface of an article. You cannot file a provisional application for a design.The design will not meet statutory subject matter under 35 U.S.C. 171 if the design:
– Lacks ornamentality and is defined by its function. – Is defined by its end use and has no commercial potential unless it reaches its end use. |
U.S.PTO Requirements for a design patent
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Some of the statutes of the United States Code for design patents are:
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