{"id":4962,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/elements-of-a-design-patent-application.html"},"modified":"2023-12-05T09:43:30","modified_gmt":"2023-12-05T14:43:30","slug":"elements-of-a-design-patent-application","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/elements-of-a-design-patent-application.html","title":{"rendered":"Elements of a Design Patent Application"},"content":{"rendered":"\n
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Elements of a Design Patent Application<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Design patents protect the design or unique appearance of a manufactured object. A design is the surface ornamentation of an object, which can’t be separated from that object. The design can also be related to the shape or configuration of an object, like the hole design on a pair of Crocs clog shoes. A design patent<\/a> is available to those who invent a new and non-obvious<\/a> ornamental design for an object.<\/p>\r\n

While the object and its design are inseparable, the design patent only protects the appearance of the object. Its functional or structural features will not be protected by a design patent. To protect an invention’s structural or functional features, you must file a utility patent application<\/a>.<\/p>\r\n

This article focuses on design patents and, more specifically, the elements of a design patent.<\/p>\r\n

Filing a Design Patent Application<\/h2>\r\n

To receive patent protection, an inventor has to file an application<\/a> with the United States Patent and Trademark Office (USPTO)<\/a>. A person can file a provisional patent application to protect their invention while figuring out the specifics of the invention. People do this when thinking about whether to patent the invention.<\/p>\r\n

A non-provisional application starts the official examination process to determine if the particular invention is eligible for patent protection.<\/p>\r\n

Generally, a non-provisional patent application includes:<\/p>\r\n