Design Patent Application

Design Patent Application Drafting and Prosecution

Design patents are given for new "ornamental" designs.  In recent years the protection they provide has been significantly increased by several landmark rulings that greatly expanded their scope.  Whenever applicable, it is highly recommended to procure Design Patent protection in addition to Utility patents.  The most value in protecting a product both ways is when its unique form closely follows its unique function. 

The patent laws provide for the granting of design patents to any person who has invented any new and nonobvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. The proceedings relating to granting of design patents are the same as those relating to other patents with a few differences. See current fee schedule for the filing fee for a design application. A design patent has a term of 15 years from grant, and no fees are necessary to maintain a design patent in force. If on examination it is determined that an applicant is entitled to a design patent under the law, a notice of allowance will be sent to the applicant or applicant's attorney, or agent, calling for the payment of an issue fee. The drawing of the design patent conforms to the same rules as other drawings, but no reference characters are allowed and the drawing should clearly depict the appearance, since the drawing defines the scope of patent protection.

The specification of a design application is short and ordinarily follows a set form. Only one claim is permitted, following a set form that refers to the drawing(s).