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It distinguishes design patents from utility patents by focusing on ornamental visual appearance rather than functional operation. The chapter details elements of a design patent application, including specifications and drawings, and covers examination topics such as statutory subject matter, novelty, nonobviousness, and requirements under 35 U.S.C. 112, as well as restriction, double patenting, and related procedures.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/chapter-1500-design-patents-chapter-1500-overview-of-statutes-definitions-and-design-patent-requirements/650317/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/chapter-1500-design-patents-chapter-1500-overview-of-statutes-definitions-and-design-patent-requirements/650317.png","ImageObject",300,407,{"name":92,"@type":93},"นรินทร์","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-30","2026-10-24",true,{"@type":102,"interactionType":103,"userInteractionCount":81},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What legal basis does the chapter cite for obtaining a patent for a design?","Question",{"text":112,"@type":113},"It cites 35 U.S.C. 171 for patents for designs and explains that inventors of a new, original and ornamental design for an article of manufacture may obtain a design patent under the title’s conditions and requirements.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What does a design patent application claim, and what is considered the “design”?",{"text":117,"@type":113},"The application claims the design embodied in or applied to an article of manufacture (or a portion), not the article itself. The design is described as the visual characteristics or appearance, such as configuration or surface ornamentation.",{"name":119,"@type":110,"acceptedAnswer":120},"How are design patents distinguished from utility patents according to the chapter?",{"text":121,"@type":113},"Utility patents protect how an article is used and works (35 U.S.C. 101), while design patents protect how an article looks (35 U.S.C. 171). It also notes differences such as term length, maintenance fee requirements, and claim structure.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},650317,1793051485,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":81,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},2336475104957,"https://ap-avatar.wpscdn.com/avatar/22000c4c6bd8a5076e1?x-image-process=image/resize,m_fixed,w_180,h_180&k=1787554080175789136","Chapter 1500 Design Patents  \n1501 Statutes and Rules Applicable 1502 Definition of a Design  \n1502.01 Distinction Between Design and Utility Patents  \n1503 Elements of a Design Patent Application  \n1503.01 Specification  \n1503.02 Drawing **  \n1504 Examination  \n1504.01 Statutory Subject Matter for Designs 1504.01(a) Computer-Generated Icons 1504.01(b) Design Comprising Multiple Articles or  \nMultiple Parts Embodied in a Single Article  \n1504.01(c) Lack of Ornamentality 1504.01(d) Simulation  \n1504.01(e) Offensive Subject Matter  \n1504.02 Novelty  \n1504.03 Nonobviousness  \n1504.04 Considerations Under 35 U.S.C. 112  \n1504.05 Restriction  \n1504.06 Double Patenting  \n1504.10 Priority Under 35 U.S.C. 119 (a)-(d)  \n1504.20 Benefit Under 35 U.S.C. 120  \n1504.30 Expedited Examination  \n1505 Allowance and Term of Design Patent 1509 Reissue of a Design Patent  \n1510 Reexamination 1511 Protest  \n1512 Relationship Between Design Patent, Copyright, and Trademark  \n1513 Miscellaneous  \n1501 Statutes and Rules Applicable  \nThe right to a patent for a design stems from:  \n35 U.S. C. 171. Patents for designs.  \nWhoever invents any new, original and ornamental design for an article of manufacture may obtain a patent therefor, subject to the conditions and requirements of this title.  \nThe provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.  \n37 CFR 1.151. Rules applicable.  \nThe rules relating to applications for patents for other inventions or discoveries are also applicable to applications for patents for designs except as otherwise provided.  \n37 CFR 1.152-1.155, which relate only to design patents, are reproduced in the sections of this chapter.  \nIt is noted that design patent applications are not included in the Patent Cooperation Treaty (PCT), and the procedures followed for PCT international applications are not to be followed for design patent applications.  \nThe practices set forth in other chapters of this Manual of Patent Examining Procedure (MPEP) are to be followed in examining applications for design patents, except as particularly pointed out in the chapter.  \n1502 Definition of a Design [R-2]  \nIn a design patent application, the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself. Ex parte Cady, 1916 C.D. 62, 232 O.G. 621 (Comm’r Pat. 1916) .“[35 U.S.C.] 171 refers, not to the design of an article, but to the design for an article, and is inclusive of ornamental designs of all kinds including surface ornamentation as well as configuration of goods.” In re Zahn, 617 F.2d 261, 204 USPQ 988 (CCPA 1980) .  \nThe design for an article consists of the visual characteristics embodied in or applied to an article.  \nSince 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.  \nDesign is inseparable from the article to which it is applied and cannot exist alone merely as a scheme of surface ornamentation. It must be a definite, preconceived thing, capable of reproduction and not merely the chance result of a method.  \n¶ 15.42 Visual Characteristics  \nThe design for an article consists of the visual characteristics or aspect displayed by the article. It is the appearance presented by the article which creates an impression through the eye upon the mind of the observer.  \n¶ 15.43 Subject Matter of Design Patent  \nSince a design is manifested in appearance, the subject matter of a Design Patent may relate to the configuration or shape of an article, to the surface ornamentation on an article, or to both.  \n>  \n¶ 15.44 Design Inseparable From Article to Which Applied Design is inseparable from the article to which it is applied, and cannot exist alone merely as a scheme ","cbCaivc0Dt8qEPaH","https://ap.wps.com/l/cbCaivc0Dt8qEPaH","pdf",779989,62,"English","# Chapter 1500 Design Patents\n## 1501 Statutes and Rules Applicable\n## 1502 Definition of a Design\n## 1502.01 Distinction Between Design and Utility Patents\n## 1503 Elements of a Design Patent Application\n## 1504 Examination\n## 1504.01 Statutory Subject Matter for Designs\n## 1504.02 Novelty\n## 1504.03 Nonobviousness\n## 1504.04 Considerations Under 35 U.S.C. 112\n## 1504.05 Restriction\n## 1504.06 Double Patenting\n## 1504.10 Priority Under 35 U.S.C. 119\n## 1504.20 Benefit Under 35 U.S.C. 120\n## 1504.30 Expedited Examination\n## 1505 Allowance and Term of Design Patent\n## 1509 Reissue of a Design Patent\n## 1510 Reexamination\n## 1511 Protest\n## 1512 Relationship Between Design Patent, Copyright, and Trademark\n## 1513 Miscellaneous","[{\"question\":\"What legal basis does the chapter cite for obtaining a patent for a design?\",\"answer\":\"It cites 35 U.S.C. 171 for patents for designs and explains that inventors of a new, original and ornamental design for an article of manufacture may obtain a design patent under the title’s conditions and requirements.\"},{\"question\":\"What does a design patent application claim, and what is considered the “design”?\",\"answer\":\"The application claims the design embodied in or applied to an article of manufacture (or a portion), not the article itself. The design is described as the visual characteristics or appearance, such as configuration or surface ornamentation.\"},{\"question\":\"How are design patents distinguished from utility patents according to the chapter?\",\"answer\":\"Utility patents protect how an article is used and works (35 U.S.C. 101), while design patents protect how an article looks (35 U.S.C. 171). It also notes differences such as term length, maintenance fee requirements, and claim structure.\"}]","Chapter 1500 Design Patents - Chapter 1500 - Overview of statutes, definitions, and design patent requirements | PDF",1792824879,156]