# MPEP § 1501: Statutes and Rules Applicable

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S1501

## Section

- **Citation:** MPEP § 1501
- **Heading:** Statutes and Rules Applicable
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 1500 - Design Patents / MPEP § 1501

## Text

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.
signs 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.
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## Nearby sections

- [MPEP § 1501 Statutes and Rules Applicable](https://www.frixlaw.com/law-library/statutes/MPEP_S1501.md)
- [MPEP § 1502 Definition of a Design](https://www.frixlaw.com/law-library/statutes/MPEP_S1502.md)
- [MPEP § 1502.01 Distinction Between Design and Utility Patents](https://www.frixlaw.com/law-library/statutes/MPEP_S1502.01.md)
- [MPEP § 1502.02 Design Patent Practitioner Bar](https://www.frixlaw.com/law-library/statutes/MPEP_S1502.02.md)
- [MPEP § 1503 Elements of a Design Patent Application Filed Under 35 U.S.C. chapter 16](https://www.frixlaw.com/law-library/statutes/MPEP_S1503.md)
- [MPEP § 1503.01 Specification](https://www.frixlaw.com/law-library/statutes/MPEP_S1503.01.md)
- [MPEP § 1503.02 Drawing](https://www.frixlaw.com/law-library/statutes/MPEP_S1503.02.md)
- [MPEP § 1504 Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.md)
- [MPEP § 1504.01 Statutory Subject Matter for Designs](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.01.md)
- [MPEP § 1504.01(a) Computer-Generated Electronic Images](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.01(a).md)
- [MPEP § 1504.01(b) Design Comprising Multiple Articles or Multiple Parts Embodied in a Single Article](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.01(b).md)
- [MPEP § 1504.01(c) Lack of Ornamentality](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.01(c).md)
- [MPEP § 1504.01(d) Simulation](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.01(d).md)
- [MPEP § 1504.01(e) Offensive Subject Matter](https://www.frixlaw.com/law-library/statutes/MPEP_S1504.01(e).md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S1501. Check the current official text before relying on it. Not legal advice.
