Design patents protect the visual or ornamental aspects of an invention, focusing on its aesthetic attributes rather than its functional elements. They are a cost-effective way to secure legal protection, making them an attractive option for inventors and businesses.
During the application process, you can proudly claim “patent pending,” notifying others of your exclusive rights while your application is under review at the US Patent & Trademark Office (USPTO).
Design patents offer several advantages over utility patents. They are a cost-effective option compared to utility patents, allowing you to use “patent pending” legally once filed. Design patents are particularly suited for protecting items with ornamental or aesthetic appeal, such as clothing, consumer electronics enclosures, and sunglasses.
Their filing fees are generally lower than those of utility patents, and they have a higher likelihood of being granted. Unlike utility patents, which can take two to three years for examination, design patents are typically granted in about one year, offering a quicker path to intellectual property protection.
Design patents focus exclusively on safeguarding the “ornamental appearance” of an invention and do not extend protection to its functional or utility aspects. Their duration spans 15 years, which is slightly shorter compared to the 17 to 20 years offered by utility patents. Design patents do not encompass the functionality or the “how” an invention works. A single design patent covers just one specific design, unlike utility patents, which can protect multiple variations of the same product.
