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    FAQs Patent Questions

    Patent
    Question: A design patent application may only include a single claim, that claim defines the design which applicant wishes to patent

    Answer:

    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.




    Question: A design patent protects only appearance of an article,and not its structural or functional features

    Answer:
    The design patent protects only the appearance of an article, but not its structural or functional features.




    Question: Utility patents protects the way an article is used and works and a design patent protects the way an article looks.

    Answer:
    A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.



    Did You Know?

    You need a patent attorney or agent to file your patent application.

    The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

    Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.