Elements of a Design Patent Application

Design patent application should include the following elements:

  • The Preamble:

The 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. All information contained in the preamble will be printed on the patent, should the claimed design be deemed patentable.

  • Title:

Title of the design must identify the article in which the design is embodied by the name generally known and used by the public. Marketing designations are improper as titles and should not be used. A title descriptive of the actual article aids the examiner in developing a complete field of search of the prior art. The Title further aids in the proper assignment of new applications to the appropriate class, subclass, and patent examiner, as well as the proper classification of the patent upon allowance of the application. It also helps the public in understanding the nature and use of the article embodying the design after the patent has been published. Thus, applicants are encouraged to provide a specific and descriptive title.

  • Description of the Drawings:

The description of the drawings indicates what each view of the drawings represents, i.e., front elevation, top plan, perspective view, etc. Any description of the design in the specification, other than a brief description of the drawing, is generally not necessary since, as a general rule, the drawing in itself is the design’s best description. However, while not required, a special description is not prohibited. In addition to the figure descriptions, the following types of statements are permissible in the specification:

  • A description of the appearance of portions of the claimed design which are not illustrated in the drawing disclosure (i.e., “the right side elevational view is a mirror image of the left side”).
  • Description disclaiming portions of the article not shown, that form no part of the claimed design.
  • Statement indicating that any broken line illustration of environmental structure in the drawing is not part of the design sought to be patented.
  • Description denoting the nature and environmental use of the claimed design, if not included in the preamble.
  • Single Claim:

A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. The claim must 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 there is a properly included special description of the design in the specification, or a proper showing of modified forms of the design, or other descriptive matter has been included in the specification, the words “and described” should be added to the claim following the term “shown.” The claim should then read “The ornamental design for (the article which embodies the design or to which it is applied) as shown and described.”

  • Oath or Declaration

The oath or declaration required of the applicant must comply with the requirements set forth in 37 CFR §1.63.

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