Design Patent At A Glance

A design patentutility patentselementsinappropriate material for design patents for several reasons. The most common reason for a rejected design patent is because a feature of a article was incorrectly identified as a design element, when in fact, it is a functional feature and requires a utility patent. 

Although some features of an article may qualify as either a design or functional element, the discretion is usually up to the USPTO examiner. Some material may also be too generic and may lack unique features. A design submission should also not resemble well-known designs that have already been established. If this occurs, a design patent application will be rejected. The USPTO also does not accept offensive design material that may upset any race, religion, sex, ethnic group or nationality.

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