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Title 35 — PatentsRelease 119-73not60

§171 Patents for Designs

Title 35 › Part II— PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › Chapter 16— DESIGNS › § 171

Last updated Apr 5, 2026|Official source

Summary

If someone creates a new, original, decorative design for a manufactured item, they can get a design patent if they follow the law’s rules. Most rules that apply to regular patents also apply to design patents unless the law says otherwise. The filing date is the day the written description required by section 112 and any necessary drawings are filed.

Full Legal Text

Title 35, §171

Patents — Source: USLM XML via OLRC

(a)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)The provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided.
(c)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 73 (R.S. 4929, amended (1) May 9, 1902, ch. 783, 32 Stat. 193, (2) Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212; R.S. 4933). The list of conditions specified in the corresponding section of existing statute is omitted as unnecessary in view of the general inclusion of all conditions applying to other patents. Language is changed.

Editorial Notes

Amendments

2012—Pub. L. 112–211 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, and added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that

Effective Date

and patent applications pending on or filed after that

Effective Date

, and not effective with respect to patents in litigation commenced before that

Effective Date

, see section 203 of Pub. L. 112–211, set out as an

Effective Date

note under section 27 of this title.

Reference

Citations & Metadata

Citation

35 U.S.C. § 171

Title 35 — Patents

Last Updated

Apr 5, 2026

Release point: 119-73not60