In today’s competitive marketplace, the visual appeal of a product can be just as valuable as its functionality. Whether it’s the sleek curves of a smartphone, the distinctive shape of a perfume bottle, or the unique layout of a mobile application’s interface, design elements often play a pivotal role in a product’s success. But can these design elements be protected? 

What is a Design Patent? 

A design patent is a form of intellectual property protection that covers the ornamental aspects of a product. Unlike utility patents, which protect the functional aspects of an invention, a design patent protects the way a product looks. This can include its shape, configuration, surface ornamentation, or any combination of these elements. Essentially, if your product has a unique appearance that is not solely dictated by its function, it may be eligible for design patent protection.

In the United States, a design patent provides protection for 15 years from the date of grant. During this period, the patent holder has the exclusive right to make, use, sell, or import the design. Design patents are generally less expensive to obtain that utility patents and, unlike utility patents, design patents do not require the payment of maintenance fees to remain valid. 

What Types of Designs Are Eligible For Design Patent Protection? 

Design patent protection may be afforded for:

• Product Shapes and Configurations:
  • e.g., the unique shape of a chair, smartphone, or car body; the unique shape of packaging such as bottles, boxes, or other containers.

• Surface Ornamentation:
  • e.g., decorative patterns, designs, or artwork applied to the surface of a product, like wallpaper patterns or fabric designs; the design on the face of a watch or a decorative embossment on a product.

• Icons and Graphical User Interfaces (GUIs):
  • e.g., design elements of software interfaces, such as icons and layouts of graphical user interfaces.

How Much Does a Design Patent Cost?

Obtaining a design patent is an investment that can provide significant value by protecting your product’s unique appearance. However, it’s important to budget for both the USPTO fees and the cost of legal assistance if you choose to work with a patent attorney. An up-to-date schedule of  USPTO fees may be viewed here.

Who Can Help With the Design Patent Application Process? 

In a world where aesthetics often drive consumer choice, protecting your product’s design can be just as important as safeguarding its functionality. A design patent is a valuable tool that can help you protect the unique look of your product and maintain a competitive edge in the marketplace.

If you have a product design that you believe is worth protecting, it’s essential to consult with a patent attorney.