Practice Areas | Patent | Q & A
13. Can a design patent be granted to the exterior of a building or landscape design?

In principle, an article embodying a design patent has to be an actual object that can be subject to transactions by consumers in general. The article has be a movable property with a fixed shape. A building is an immovable property; thus it cannot be deemed an article eligible for a design patent. Likewise, the exterior of a building or landscape design cannot be categorized as an article eligible for a design patent.



14. Is the scope of a design patent determined by the drawings or the claims?

If the specification and drawings of a design, which describe the scope of claims, were allowed and published, such specification and drawings hereof shall be the basis; whereas if the specification and drawings of a design, which did not state the claims, were allowed and published, the drawings shall be the basis.  

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