A design patent is a patent granted on the ornamental design of a functional item. A design consists of visual ornamental characteristics applied to an article of manufacture. The subject matter of a design patent application relates to the shape of an article, surface ornamentation applied to an article or a combination of both. A design patent protects only the appearance of the article and not the utility aspect. The elements of a design patent application are as follows:
1. Preamble, stating the name of the applicant, title of the design, and a brief description of the nature and intended use of the article whose design is to be patented.
2. Cross-reference to related applications.
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.
The drawing disclosure is the most important aspect of the application. Every design application must include either a drawing or a black and white photograph of the claimed design. The drawing or photograph must be clear and complete and must include a sufficient number of views to constitute a complete disclosure of the appearance of the design claimed.