Design Patent Application Guide

United States Department of Commerce■Patent and trademark office■Washington, D. C 20231

Definition of exterior design

Appearance design includes the visual decorative features reflected in or applied to the product. Because the exterior design is expressed in the exterior, The subject of a design patent application may involve the construction or shape of an item, A surface decoration applied to an article or a combination of construction and surface decoration. The design used for surface decoration cannot be separated from the object to which it is applied, And cannot exist alone. It must be a definite pattern of surface decoration applied to the product.

In the performance of its patent related duties, United States Patent and Trademark Office (USPTO or Office) To examine an application and grant a patent right for an invention-creation where the applicant is entitled to a patent right. Patent law, Any new invention for a piece of work, The person who makes an original or decorative design shall be granted the patent right for design. A design patent protects only the appearance of an article, Without protecting its structure or practical features. Major regulations relating to design patents (United States code) There are:

35 U. S. C. 171

35 U. S. C. 172

35 U. S. C. 173

35 U. S. C. 102

35 U. S. C. 103

35 U. S. C. 112

35 U. S. C. 132

Rules relating to the disclosure of drawings attached to an application for a design patent (Federal regulations) There are:

37 CFR § 1. 84

37 CFR § 1. 152

37 CFR § 1. 121

The following additional rules are referenced in this guide:

37 CFR § 1. 3

37 CFR § 1. 63

37 CFR § 1. 76

37 CFR § 1. 153

37 CFR § 1. 154

37 CFR § 1. 155

Copies of these laws and rules are included at the end of this guide.

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