How to Get a Design Patent in the US: A  Complete Guide 

This comprehensive guide walks you through each step of the process — from concept to patent grant — so you can safeguard your product with confidence.

What Is a Design Patent?

A design patent grants legal protection to the ornamental design of a functional item. This includes the shape, configuration, surface decoration, or a combination of these elements. It does not cover the product’s function — only its appearance.

Example:
Think of the iconic shape of the Coca-Cola bottle or the sleek curves of an Apple iPhone. These designs are patented not because of how they work, but because of how they look.

Benefits of a Design Patent

Design patents offer several important advantages:

• Exclusive Rights: You have sole ownership of the visual design for 15 years.

• Deterrence: Competitors are less likely to copy a patented design.

• Increased Product Value: A patent enhances the market value of your product.

• Legal Remedy: You can sue for damages in case of infringement.

A design patent is also faster and cheaper to obtain than a utility patent, making it an ideal starting point for inventors and businesses focused on aesthetics.

Step 1: Determine Eligibility

Before filing, ensure your design meets the three core criteria:

1. Novelty: The design must be new.

2. Non-Obviousness: It must not be an obvious change to existing designs.

3. Ornamentality: The design must be purely decorative, not functional.

Search the USPTO Design Patent Database to confirm your design hasn’t already been patented. You can also use Google Patents for broader research.

Step 2: Create Professional Patent Drawings

Drawings are the most critical part of a design patent application. The USPTO requires multiple views — front, back, top, bottom, left, right, and perspective.

Why they matter:
The drawings define the scope of your protection. Any error or lack of clarity can lead to a rejection.

Tip: Hire professionals who specialize in design patent illustrations. This will ensure your drawings meet all USPTO standards.

Get expert drawings here: inventionip.com/design-patent-drawings

Step 3: Prepare the Application

A design patent application must include:

• Preamble: Includes the title, applicant, and a brief statement.

• Description of Figures: Each drawing should be described clearly.

• A Single Claim: Design patents have only one claim describing the visual elements.

• Drawings: As described above.

• Executed Oath or Declaration: Verifies the inventorship.

Keep the language simple and descriptive. Avoid using technical jargon. You’re describing visuals, not functionality.

Step 4: File With the USPTO

Submit your application using the USPTO’s Patent Center. You’ll need to:

• Create a USPTO account

• Upload your documents

• Pay the filing fee

Filing fees:

• Micro entity: ~$50

• Small entity: ~$100

• Large entity: ~$200

Once filed, you’ll receive an acknowledgment and an application number.

Step 5: USPTO Examination Process

After submission, a patent examiner will review your application. They’ll ensure the design is new and meets all legal requirements.

You may receive an Office Action, which outlines issues or objections. Respond promptly and clearly. If all issues are resolved, your design patent will be granted.

Timeframe:
Typically, design patents are granted within 12–18 months.

Step 6: Maintain and Enforce Your Patent

Unlike utility patents, design patents do not require maintenance fees. However, enforcement is your responsibility.

What you can do:

• Monitor the market for infringers

• Send cease-and-desist letters if needed

• File lawsuits if someone copies your design

Real-World Examples and Case Studies

Apple Inc. vs. Samsung Electronics

In one of the most famous design patent lawsuits, Apple sued Samsung for infringing on the design of its iPhone. Apple held a design patent for the rectangular shape with rounded corners and grid of colorful icons.

Outcome:
Apple won over $500 million in damages. This case underscored the power of design patents in protecting product appearance.

Fidget Spinner Craze

During the fidget spinner trend, inventors who patented unique designs gained a huge advantage. Others who didn’t protect their designs faced knockoffs and market saturation, losing millions in potential revenue.

Common Mistakes to Avoid

• Using low-quality or unclear drawings

• Failing to search for prior art

• Submitting vague or overly broad descriptions

• Missing response deadlines

• Filing without professional help

These mistakes can lead to delays, rejection, or even permanent loss of rights.

Frequently Asked Questions (FAQs)

• Can I patent a design and a function together?

Yes. File a design patent for the appearance and a utility patent for the function. Many products qualify for both.

• Can I use photographs instead of drawings?

Generally, no. The USPTO prefers line drawings unless color or photos are necessary to show the design.

• How long does a design patent last?

Design patents issued after May 13, 2015, last 15 years from the date of grant.

• Can I file a provisional design patent?

No. Provisional applications are only available for utility patents.

• Is it worth hiring a patent attorney?

Yes. A patent attorney or agent can help you avoid errors and maximize protection. The cost is an investment in securing your intellectual property.

• When Should You File?

File as soon as your design is finalized. The US follows a first-to-file system, so timing is critical. If someone else files a similar design before you, you could lose the rights — even if you created it first.

Conclusion: Protect Your Product’s Look

If your product’s appearance sets it apart, a design patent can be a powerful shield. From electronics to fashion to packaging, a well-executed design patent can block imitators and secure your place in the market.

The process may seem detailed, but with the right support and preparation, it’s completely manageable. Don’t risk losing your design to copycats.

Start with professional design patent drawings today at InventionIP — the first step toward securing your design rights.