MPEP § 1501 — MPEP § 1501
Current through: 2022-07-01

1501-Statutes and Rules Applicable 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 1500 

 Section 1501 
 

 
 
 
 
 
 1501 Statutes and Rules Applicable [R-07.2015]

 Design patents are provided for in 35 U.S.C. chapter 16. In
 addition, international design applications filed under the Hague Agreement Concerning the
 International Registration of Industrial Designs (“Hague Agreement”) are provided for in 35
 U.S.C. chapter 38. Certain statutory provisions in 35 U.S.C. chapter 38 provide for the
 applicability of the provisions of 35 U.S.C. chapter 16 to international design
 applications. See 35 U.S.C. 382(c) , 383 , and
 389(b) . See MPEP Chapter 2900 for additional
 information concerning international design applications. 
 

 The right to a patent for a design stems from:

 
 35 U.S.C. 171 
 Patents for designs. 

 
 (a) IN GENERAL.—Whoever 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. 
 

 (b) APPLICABILITY OF THIS TITLE.—The provisions of
 this title relating to patents for inventions shall apply to patents for designs,
 except as otherwise provided. 
 

 (c) FILING DATE.—The filing date of an application
 for patent for design shall be the date on which the specification as prescribed
 by section 112 and any required drawings are filed. 
 

 
 

 For design applications filed under 35 U.S.C. chapter
 16:
 

 
 37 CFR 1.151 Rules applicable. 

 The rules relating to applications for patents for other inventions or
 discoveries are also applicable to applications for patents for designs except as
 otherwise provided.
 

 

 For international design applications designating the United
 States:
 

 
 37 CFR 1.1061 Rules applicable. 

 
 (a) The rules relating to applications for patents for
 other inventions or discoveries are also applicable to international design
 applications designating the United States, except as otherwise provided in this
 chapter or required by the Articles or Regulations.
 

 (b) The provisions of § 1.74 , §
 1.84 , except for § 1.84(c) , and §§
 1.152 through 1.154 shall not apply to
 international design applications.
 

 
 

 Other rules relating only to design applications, such as
 37 CFR
 1.152 - 1.155 and those contained in 37 CFR
 Part 1, Subpart I, are reproduced in the sections of this chapter and in
 MPEP
 Chapter 2900 , as appropriate.
 

 It 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.
 

 The 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 this chapter or in
 MPEP
 Chapter 2900 . Also, with respect to international design
 applications that designate the United States, 35 U.S.C. 389(b) provides that “[a]ll
 questions of substance and, unless otherwise required by the treaty and Regulations,
 procedures regarding an international design application designating the United States
 shall be determined as in the case of applications filed under chapter 16.” Accordingly,
 many of the practices set forth in this chapter, such as those pertaining to examination in
 MPEP §
 1504 , are applicable to international design applications that
 designate the United States. Differences in practices are noted in this chapter where
 applicable. 
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 1501-Statutes and Rules Applicable 

 1502-Definition of a Design 
 1502.01-Distinction Between Design and Utility Patents 

 1502.02-Design Patent Practitioner Bar 

 
 

 1503-Elements of a Design Patent Application Filed Under 35 U.S.C. chapter 16 
 1503.01-Specification 

 1503.02-Drawing 

 
 

 1504-Examination 
 1504.01-Statutory Subject Matter for Designs 
 1504.01(a)-Computer-Generated Electronic Images 

 1504.01(b)-Design Comprising Multiple Articles or Multiple Parts Embodied in a Single Article 

 1504.01(c)-Lack of Ornamentality 

 1504.01(d)-Simulation 

 1504.01(e)-Offensive Subject Matter 

 
 

 1504.02-Novelty 

 1504.03-Nonobviousness 

 1504.04-Considerations Under 35 U.S.C. 112 

 1504.05-Restriction 

 1504.06-Double Patenting 

 1504.07 - 1504.09-[Reserved] 

 1504.10-Priority Under 35 U.S.C. 119(a)-(d), 386(a) and (b) 

 1504.11-1504.19-[Reserved] 

 1504.20-Benefit Under 35 U.S.C. 120 

 1504.21-1504.29-[Reserved] 

 1504.30-Expedited Examination 

 
 

 1505-Term of Design Patent 

 1506-1508-[Reserved] 

 1509-Reissue of a Design Patent 

 1510-Reexamination 

 1511-Protest 

 1512-Relationship Between Design Patent, Copyright, and Trademark 

 1513-Miscellaneous 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:27