Design Patents: The Decisions That Matter
Protection for the ornamental appearance of a product, rather than how it works.
Priya Raghunathan
At a glance
- Scope design patents cover ornamental appearance, not function
- Term design patents filed on or after 13 May 2015 run 15 years from grant
- Drawings the drawings define the protected design
- Novelty the design must be new and non-obvious
Why it matters
Why it matters: Design patents protect distinctive product shapes and interface designs that trademarks and copyright may not cover.
Best practice
- File before public disclosure where possible
- Invest in accurate drawings
- Consider design patents for distinctive product shapes
- Combine with trademark protection where appropriate
- Track filing deadlines across markets
Common pitfalls
Watch out for:
- Disclosing designs before filing
- Poor drawings that narrow protection
- Assuming copyright covers product shapes
- Missing international deadlines
When to call in a specialist
Bottom line Bring in help when launching distinctive physical products.
Where this comes from
- United States Patent and Trademark Office — Design patents
- World Intellectual Property Organization — Industrial designs
The figures and practices above come from the sources listed.
Working on something like this?
We take on Brand & Identity Design work for teams who want it done once, properly. Tell us what you are building and we will tell you honestly whether we are the right studio for it. Start a project.
Where to go next
Spotted something wrong? Report an error on this page. We correct on the page and say what changed.
