Design Patents
Design patents protect the unique, ornamental look of your product—its visual identity. Far more than aesthetics, they safeguard your competitive branding and market presence, enabling you to exclude imitators and reinforce value in highly visual industries. Unlike utility patents, design patents have a term of 14-15 years from filing and do not have maintenance fees.
It is important to understand that design patents only protecting the ornamental feature of a product, not its function.
Why Design Patents Matter and How They Fit into an IP Portfolio
Design patents aren’t just about appearance—they’re strategic business assets that play a role in patent portfolio management:
Preserve Market Differentiation
A design patent ensures that your product’s distinctive look can’t be copied, stopping knockoffs before they dilute your brand or divert sales.Fast and Cost-Effective Protection
Compared to utility patents, design patents are typically less complex, often requiring only one claim and streamlined prosecution. They also are typically issued much faster than utility patents.Enhance Licensing & Valuation
Owning formal design rights strengthens product licensing and increases business valuation—especially to design-focused investors and partners.Mitigate Risk of Design Dilution
Without protection, public exposure can destroy future novelty. A timely filing keeps your design under wraps until granted.
Our Approach
We guide you through every step of securing robust design protection:
Initial Design Assessment
We evaluate the ornamental aspects of your product to determine suitability for design patent protection.Prior Art Search & Analysis
If requested, we can conduct a customized search to assess originality and patentability.Strategic Drafting
Our team prepares high-quality, compliant drawings and application with focused claims to enhance enforceability.Prosecution Support
We manage the filing process with the USPTO, including crafting effective responses to Office Actions.Optional Global Coordination
If you operate internationally, we can align U.S. design patent strategies with European or Hague System filings.
Frequently Asked Questions (FAQ)
What exactly is a design patent?
A design patent protects the ornamental design—shape, surface patterns, or overall visual appearance, not the function—of a manufactured product.
How much does a design patent typically cost?
The cost may vary depending on the complexity of the claim and the amount of drawings required. See our flat-fee design patent application page for costs.
How long does protection last?
For design patents issued on or after May 13, 2015, protection lasts 15 years from the date of grant; earlier grants are 14 years.
What’s the difference between design and utility patents?
Utility patents protect functional innovations. Design patents typically protect how something looks. In some cases, both may be obtained—but each serves a distinct purpose. You can find more about patents in general at our Patent Practice page.
How long does it take to get a design patent?
The process typically spans 1–2 years under normal USPTO timelines.
Can you file internationally?
Yes. While U.S. design patents protect U.S. markets, optional filings through the EU or Hague System can extend protection globally. Read our international patent page for more information about filing for foreign patent protection.
What are common mistakes to avoid?
DIY filings or online services may miss strategic drafting, leading to narrow protection or an inability to enforce. Expert guidance matters for long-term value.
Have Questions? - Contact Us
Don’t let your product’s distinctive design go unprotected. Our experienced patent attorneys can guide you through the process with strategic insight and transparent pricing.
Related Insights from Our Ideate Blog
Looks are Everything When it Comes to Design Patents — Understand the scope and limits of ornamental protection.
Fashion Law Series – Part III: Design Patents – A Nice Fit With Fashion — A deep dive into why design patents matter in the fashion industry.
Skechers vs. Steve Madden: Who Will Prevail in This Case of Copycat Kicks? — A glimpse into design patent litigation strategy and enforcement.
Vehicle Design Patents: Protection for “Design” of Vehicles — See how design patents are applied in automotive design and manufacturing.
Patent Portfolios and Monetizing Patents
Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Patent Infringement Litigation.