Design Patent

What Protection Does a Design Patent Provide?

Not all innovations have a utility – some are just unique in design. Those designs can be protected by a Design Patent.

From physical products to computer user interfaces and even clothing – a Design Patent protects the aesthetic qualities (the look) of your product from substantially similar variations.

Just having the term “Patented” on your product creates a substantial deterrent to competitors who would otherwise copy your creativity.

Easy and Inexpensive

Design Patents are relatively inexpensive and quick to obtain in comparison to other patents.

The Limits of a Design Patent

Unlike Utility Patents, which protect function, Design Patents only protect the look. The level of protection is therefore limited to non-functional aesthetics.

The Responsibility of Policing the Competition

After registration, you are responsible for policing your competitors and enforcing your rights

Also See Our Other Patent Services:

Frequently Asked Questions

Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. This requirement is outlined in title 35 of the United Stated Code, Section 101 (abbreviated as 35 U.S.C. 101). You do not need to have actually constructed or used your invention to get a patent on it. Having a good idea of how your invention is made and used is sufficient.

A Design Patent will protect your design and any “substantial similar” designs like it for 15 years.

If you don’t file a U.S. Patent Application within 12 months of public disclosure (such as sharing your idea with others) or within 12 months of offering your invention for sale to the public, you lose your patent rights. Even still, the longer you wait, the greater the risk of someone else filing a Patent Application for the idea you came up with first.

Important Note: Although the U.S. gives you a 12 month “grace” period to file a Patent Application after your first public disclosure, most other countries in the world do not. This means, in those countries, you will have lost your patent rights if you’ve made a public disclosure before filing the U.S. Patent Application.

Patent Resources

Free, AI-powered Patent Search Tool. You can now run your own free, confidential preliminary patent search and generate a custom report of the results. No commitments or limitations! Click here to get started.

If You’re Making Your Own Board Game, How Do You Protect Your Idea?

How To Legally Protect Your Game Board Idea Say there is a game thats been around. A lot of people are familiar with it. No one has made a board game out of it. How do I protect something that everyone knows but no one is actually selling? In protecting board games, you have the…

What Happens If I Infringe on Someone’s Copyright?

As an attorney for startups and up-and-coming companies, I am often asked questions such as these: “do I need permission to use someone else’s song in my Kickstarter video?” or “what will happen if I just use it?” or “if the band or label catches me, they can just tell me to stop, right?” To answer…

What Is a Copyright?

If a person today creates an intellectual, creative or artistic work, the form of that work is automatically protected by Federal Copyright law (Title 17 of the U.S. Code).  Copyright protection does not extend to the underlying ideas or information, but simply to the form in which they are presented. As of 1989, Copyright protection…

What Is Trade Dress?

The term ‘Trade Dress’ refers to the overall aesthetic, visual design of your product or even your brand as a whole.  This is all about a unique look that consumers associate exclusively with your brand or product and no else’s. Trade Dress can include one or more of the following: Colors or color combinations Visual…

Is My Invention Patentable If It Integrates into an Existing Product?

To begin the analysis, we must first answer the following: Is the “invention” something that exists already and you are applying it to an existing product to improve the existing product’s performance? OR Is the “invention” unique and you are applying it to the existing product to improve the product’s performance? Does the “invention” have…

Can You Add Another Person to Your Patent Application?

“If I filed for a provisional patent as the sole inventor, is it possible to add another inventor when filing for the nonprovisional patent if he makes a contribution to the invention?” You may add additional inventors to your non-provisional application.  The non-provisional must have at least one inventor in common with the provisional patent…