Design Patents

Protecting the ornamental appearance of manufactured articles

Design patents protect the unique visual qualities of a manufactured item. They cover the ornamental design—the way a product looks—rather than how it works or what it does.

palette

Visual Appearance

Design patents protect the ornamental design of an article—its shape, configuration, surface ornamentation, or combination of these elements.

What Can Be Protected:

  • arrow_right Shape and configuration of a product
  • arrow_right Surface ornamentation and patterns
  • arrow_right Combination of shape and ornamentation
  • arrow_right Overall aesthetic impression
shopping_bag

Common Examples

Design patents are commonly used for consumer products, electronics, furniture, and packaging where visual appeal is important.

Examples:

  • arrow_right Consumer electronics (smartphone designs, laptop appearances)
  • arrow_right Furniture (unique chair shapes, table configurations)
  • arrow_right Packaging (bottle shapes, container designs)
  • arrow_right Automotive design (vehicle body styling, wheel designs)
  • arrow_right Graphical user interfaces (icon designs, GUI layouts)
  • arrow_right Jewelry and fashion accessories
compare

Design vs. Utility Patents

Understanding the difference between design and utility patents is crucial for proper protection.

Design Patents Protect:

  • check_circle How it looks - The ornamental appearance
  • check_circle Visual features - Shape, configuration, surface ornamentation
  • check_circle Aesthetic appeal - The overall visual impression

Utility Patents Protect:

  • check_circle How it works - The functional aspects
  • check_circle What it does - The utility and operation
  • check_circle Technical innovation - Novel and non-obvious functionality

Note: The same product can have both design and utility patent protection if it has both ornamental and functional innovations.

rule

Requirements for Design Patents

check_circle

Novel

The design must be new and not previously disclosed

check_circle

Non-Obvious

The design must not be obvious to a designer of ordinary skill

check_circle

Ornamental

The design must be primarily ornamental, not dictated by function

check_circle

Applied to a Manufactured Article

The design must be embodied in or applied to an article of manufacture

Patent Term

Design patents granted in the United States have a term of 15 years from the date of grant (for applications filed on or after May 13, 2015). Unlike utility patents, design patents do not require maintenance fees.