What Is a Design Patent?

A design patent is a type of legal protection for the unique visual qualities
of a manufactured item. It may be granted for products with a distinct
shape, configuration, or surface decoration. In other words, a design
patent provides protection for the ornamental aspect of an item that also
serves a practical function.

In the United States, that means an item very similar to one under design
patent protection cannot be produced, copied, used, or imported into the
country.1 In other countries, a registered design might serve a similar
purpose to a design patent. In some European countries, design patents
can be obtained through a fee and meeting basic registration criteria.2

KEY TAKEAWAYS

 A design patent application may only include a single claim.3

 Filing for a design patent costs less than filing for a utility patent.
 The total cost to file for and obtain a design patent can run anywhere
from $1,000 to $3,000 in total, depending on the situation and the
complexity of the design patent.4
 Without filing a patent on your design, you may run the risk of a
copycat design being used by competitors.

How a Design Patent Works

An item or object that is protected by a design patent carries broad
protection from copyright infringement. A design that was not intended to
be a copy and which was devised independently from an existing, design-
patent-protected item may still infringe upon that design patent.

In some countries, such as the U.S., Canada, China, Japan, and South
Africa, applications for design patents are kept secret until they are
granted.5 In Japan, secrecy can be extended to three years after
registration is granted. The first U.S. design patent was awarded in 1842
for printing typefaces and border (fonts).6