Design Patent

While a Utility Patent protects how an invention works, a Design Patent protects how an invention looks. It is granted for a new, original, and ornamental design embodied in or applied to an article of manufacture. Design patents protect the surface ornamentation, the shape or configuration of an item, or a combination of both.

To be eligible for a design patent, the design must be primarily ornamental, not primarily functional. If the shape or design of the object is dictated strictly by the function it performs, it cannot be protected by a design patent. However, an item can have both functional utility and ornamental design, meaning it is possible to obtain both a utility and a design patent for the same product.

The application process for a design patent is generally faster and less expensive than that of a utility patent. A design patent application relies heavily on visual disclosure. The application consists almost entirely of detailed, specific line drawings that show the design from multiple angles. There is typically only one Claim in a design patent, which simply references the drawings.

Design patents have become increasingly valuable in the modern marketplace, where visual appeal is a major driver of consumer choice. Iconic examples of design patents include the unique shape of the original Coca-Cola bottle, the design of the Statue of Liberty, and the distinct visual interface and hardware shape of smartphones.

A granted U.S. design patent has 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 the payment of periodic maintenance fees to keep the patent in force. Once the 15-year term expires, the specific ornamental design enters the public domain.