Design Patent

A design patent offers legal protection to the unique ornamental look of an item.

Updated: December 5, 2023

A design patent offers legal protection to the unique ornamental look of an item. Business owners and inventors apply for a patent through the United States Patent and Trademark Office (USPTO).

A design patent is valid for 15 years once obtained and no one can create, use, or import an item with a similar look to the original product during this time. Although a design patent protects against others using the visual design of a product, but protection is not provided against others copying the functional elements of the product. A utility patent is needed for that purpose. However, both types of patents can be acquired for the same item. 

Intellectual property management software can be used by companies to organize documentation and help ensure compliance with due dates.

Applying for a patent is an important step for businesses that plan to market and sell products although it is expensive and time-consuming. Companies use design patents to deter potential copycats, provide brand security and protect the brand at a low cost.

Details must be provided to establish the differentiating features of product when applying for a design patent as the patent office will not be able to tell if the design of product is genuinely unique without this information. Preamble, Title, Figure descriptions, Claim, Drawings or photographs, and Oath or declaration are some of the elements an inventor must report.

Benefits of design patents


  • Protection of Aesthetic Design
  • Exclusive Rights
  • Market Differentiation
  • Prevention of Copying
  • Brand Recognition
  • Increased Market Value
  • Licensing Opportunities
  • Legal Recourse
  • Innovation Incentive
  • Global Protection
  • Cost-Effective Protection
  • Quick Granting Process

Browse Software Providers