Understanding Design Patents: A Simple Guide to Protecting Your Product Design

What is a Design Patent?

A design patent protects new, original, and ornamental designs for articles of manufacture. Unlike utility patents that protect how things work, design patents protect how things look.

Key Features of Design Patents

• Single claim focused on design
• Drawings define patent scope
• 15-year term from grant date
• No maintenance fees
• Potential for trademark protection after expiration

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Design Patent vs. Utility Patent

While both types stop competitors from using your invention, design patents:

• Focus purely on ornamental design
• Require single claim vs. multiple claims
• Have simpler drawing requirements
• Cost less to obtain and maintain

Investment and Timeline

• Filing fees: $760 (standard) / $380 (small) / $190 (micro-entity)
• Attorney fees: ~$1,500 median
• Process time: ~20.4 months average
• No publication of applications

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Real-World Impact

Design patents can be powerful assets. In 2008, Apple won $296 million when Samsung infringed their iPhone design patent. Coca-Cola protected their iconic bottle shape with both design patent and trademark protection.

Is a Design Patent Right for You?

Consider a design patent if:

• Innovation lies in appearance rather than function
• Design is embodied in a tangible article
• Design solves a problem in a new way
• You want cost-effective IP protection

Ready to protect your design? Book a consultation to discuss your innovation.

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Sources:

https://www.uspto.gov/dashboard/patents/design.html

https://www.wipo.int/hague/en/faqs.html

Manual of Patent Examining Procedure Chapter 1500

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