You are here:  Ed9 08.2017 Guidebook  » Chapter 1500

1503    Elements of a Design Patent Application

MPEP SECTION SUMMARY A design patent application has essentially the elements required of an application for a utility patent. A claim in a specific form is a necessary element of a design patent application. A drawing is an essential element of a design patent application.

  Section Frequency Chart

 

MPEP SECTION SUMMARY This section discusses the specification of a design patent application. It covers details about the preamble which if included, should state the name of the applicant, the title of the design, and a brief description of the nature and intended use of the article in which the design is embodied. This section also includes details on the title of the design, the description, and the design claim. A design patent application may only include a single claim.

  Section Frequency Chart

I.   PREAMBLE AND TITLE

A preamble, if included, should state the name of the applicant, the title of the design, and a brief description of the nature and intended use of the article in which the design is embodied.

The title of the design identifies the article in which the design is embodied by the name generally known and used by the public and may contribute to defining the scope of the claim.

• The title may be directed to the entire article embodying the design while the claimed design shown in full lines in the drawings may be directed to only a portion of the article. However, the title may not be directed to less than the claimed design shown in full lines in the drawings.

When a design is embodied in an article having multiple functions or comprises multiple independent parts or articles that interact with each other, the title must clearly define them as a single entity, for example, combined or combination, set, pair, unit assembly.

The examiner should only require amendment of the title/claim if the language is clearly misdescriptive, inaccurate, or unclear.

The title may contribute to defining the scope of the claim.

When the article named in the title does not correspond to the article named in the claim, the examiner should object to the inconsistency and require correction.

Amendments to the title, whether directed to the article in which the design is embodied or its environment, must have antecedent basis in the original disclosure and may not introduce new matter.

• Any amendment to the language of the title should also be made at each occurrence thereof throughout the application, except in the oath or declaration.

II.   DESCRIPTION

No description of the design in the specification beyond a brief description of the drawing is generally necessary, since as a rule the illustration in the drawing views is its own best description.

Descriptions of the figures are not required to be written in any particular format, however, if they do not describe the views of the drawing clearly and accurately, the examiner should object to the unclear and/or inaccurate descriptions and suggest language which is more clearly descriptive of the views.

In addition to the figure descriptions, the following types of statements are permissible in the specification:

• Description of the appearance of portions of the claimed design which are not illustrated in the drawing disclosure. Such a description, if provided, must be in the design application as originally filed, and may not be added by way of amendment after the filing of the application as it would be considered new matter.
• Description disclaiming portions of the article not shown in the drawing as forming no part of the claimed design.
• Statement indicating the purpose of broken lines in the drawing, for example, environmental structure or boundaries that form no part of the design to be patented.
• Description denoting the nature and intended use of the claimed design, if not included in the preamble.
• A “characteristic features” statement describing a particular feature of the design that is considered by applicant to be a feature of novelty or nonobviousness over the prior art.

In determining the patentability of a design, it is the overall appearance of the claimed design which must be taken into consideration.

III.   DESIGN CLAIM

The requirements for utility claims do not apply to design claims. Instead, the form and content of a design claim is set forth in 37 CFR 1.153:

A design patent application may only include a single claim.

• The single claim should normally be in formal terms to “The ornamental design for (the article which embodies the design or to which it is applied) as shown.”
• The description of the article in the claim should be consistent in terminology with the title of the invention.

When the specification includes a proper descriptive statement of the design or a proper showing of modified forms of the design or other descriptive matter has been included in the specification, the words “and described” must be added to the claim following the term “shown”; i.e., the claim must read “The ornamental design for (the article which embodies the design or to which it is applied) as shown and described.”

Under some circumstances, broken lines are used to illustrate the claimed design (i.e., stitching and fold lines).

• Broken lines are not permitted for the purpose of identifying portions of the claimed design which are immaterial or unimportant.

 

» 1503.02 Drawing