---
title: "Compare a design drawing with the accused article"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-design-prior-art-and-infringement-comparison/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-T1-R14-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a design drawing with the accused article

> For each drawing the lawyer marks, list the feature the drawing shows and the feature of the accused article, in the words of the papers, with the page. List any earlier reference the file already names.…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-design-prior-art-and-infringement-comparison/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | For each drawing the lawyer marks, list the feature the drawing shows and the feature of the accused article, in the words of the papers, with the page. List any earlier reference the file already names. State no infringement and name no test. |
| What the lawyer must review | You decide infringement. 35 U.S.C. § 171(a) provides that 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. Section 171(b) provides that the provisions of this title relating to patents for inventions shall apply to patents for designs, except as otherwise provided. Section 271(a) provides that, except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. Section 171(b) pulls § 271(a) in except as otherwise provided. This table does not supply a test the statute does not state. You decide whether the article is the claimed design. Section 102 and § 103 are not restated here. Open them before you treat a listed reference as prior art. Section 171(c) makes the filing date the date on which the specification as prescribed by § 112 and any required drawings are filed. Office drawing rules sit outside § 171(c). |
| Written for | United States |
| Applies to | [Build a design prior-art and infringement comparison](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/build-a-design-prior-art-and-infringement-comparison.md) |

## Checking plan

- What the AI does: For each drawing the lawyer marks, list the feature the drawing shows and the feature of the accused article, in the words of the papers, with the page. List any earlier reference the file already names. State no infringement and name no test.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The table states no infringement. Section 171 and § 271(a) do not state a separate visual test for you to apply from this comparison.
- A listed reference is prior art only if you decide it is, after you open § 102 and § 103.

## Sources

- [35 U.S.C. § 171 (patents for designs)](https://www.law.cornell.edu/uscode/text/35/171) (checked 2026-10-22)
- [35 U.S.C. § 271 (infringement of patent)](https://www.law.cornell.edu/uscode/text/35/271) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Design comparison before lodgement or allegation](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/design-prior-art-comparison.md) | Form | Yellow | Comparison of a design with earlier designs against newness and distinctiveness. The lawyer decides. The form does not say the design is registrable. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*