What Does a Design Patent Protect? | InventionIP

A design patent protects the appearance of a product rather than its function. It’s one of the most misunderstood areas of intellectual property, yet it plays a powerful role in protecting visual innovation.

This type of patent safeguards the ornamental design of an article, meaning its unique visual features—such as shape, surface patterns, configuration, or aesthetic aspects. If you’ve ever created a product that stands out due to how it looks, a design patent could protect that value from imitators.

Unlike utility patents, which protect how things work, design patents protect how things look. And in many industries—fashion, tech, consumer goods, packaging—that look is the heart of a brand’s success.

Definition of a Design Patent

A design patent is granted by the United States Patent and Trademark Office (USPTO) to protect new, original, and ornamental designs applied to manufactured articles.

To qualify:

• The design must be original and not copied from others

• It must be ornamental, meaning it's purely for appearance, not function

• The object must be a tangible item, not a graphic design or abstract idea

Design patents are granted for one distinct design per application. If you have multiple visual variations of a product, each must be filed separately.

Applicants are required to submit:

• Detailed black-and-white (or color, if justified) drawings or images

• A short description (specification) that references these drawings

These drawings are the heart of a design patent. They define the scope of protection, and only what’s shown in the drawings is protected.

What a Design Patent Specifically Covers

Design patents protect features such as:

• Shape or form of a product

• Surface ornamentation (e.g., patterns or engravings)

• Visual configuration or arrangement of parts

• Decorative elements not driven by function

Examples of Covered Designs:

• The curved hourglass shape of a Coca-Cola bottle

• The ornamental tread on Nike’s Air Max soles

• The bezel and icon layout of an iPhone home screen

• Decorative furniture trims and curves

• The ornamental layout of graphic user interfaces (GUIs)

In each case, the look is the main selling point. The design doesn’t need to improve functionality—it simply needs to be visually distinctive.

If competitors release products with similar visual designs, the patent holder can sue for infringement, even if the products work differently.

Design Patent vs. Utility Patent

Many confuse these two forms of protection. They serve different purposes and protect different features.

• Design patent: Protects how a product looks

• Utility patent: Protects how a product works

Functional vs. Ornamental Protection

• Utility example: A retractable pen mechanism

• Design example: The ornamental shape and clip of the pen

In fact, if a design is dictated solely by function, it cannot be protected by a design patent. The design must be decorative, not essential.

Filing Requirements Comparison

Design Patent	Utility Patent
Focuses on visuals	Focuses on function
Drawings define scope	Written claims define scope
Faster examination (12–18 months)	Longer examination (18–36+ months)
Lasts 15 years from grant	Lasts 20 years from filing (with fees)
No maintenance fees	Requires maintenance fees

Examples of Design Patent Protection in Practice

Apple Inc. vs. Samsung Electronics

One of the most famous design patent lawsuits.
Apple sued Samsung in 2011 for copying the design of the iPhone, including the front face and icon grid.

Apple held multiple design patents that covered:

• The rectangular shape with rounded corners

• The black front face

• The arrangement of colorful icons

Apple was initially awarded over $1 billion, though the amount was later reduced. The court recognized that consumers associate product design with the brand.

Crocs vs. USA Dawgs and Others

Crocs, the foam footwear brand, secured design patents for its unique clog shape and strap design.

When cheap lookalikes entered the market, Crocs sued multiple companies, including USA Dawgs, for infringement.

Crocs won multiple cases and even persuaded the International Trade Commission (ITC) to block imports of knockoff products.

This helped the company maintain dominance and pricing power in a crowded market.

What a Design Patent Does Not Protect

Design patents are limited in scope. They do not protect:

• Functional inventions or mechanical features

• Internal components or working parts

• Abstract concepts or ideas

• Brand names, logos, or slogans (use trademarks for these)

• Written content or software code

For example, if your product has a new motor inside and a unique housing design outside:

• The motor needs a utility patent

• The housing (if ornamental) can qualify for a design patent

If a visual element is required for the product to function properly, it is not considered ornamental and cannot be patented as a design.

How Long Design Patent Protection Lasts

A design patent issued on or after May 13, 2015 lasts for 15 years from the date of grant.

Key facts:

• No renewals or extensions

• No maintenance fees

• After expiration, the design enters the public domain

That 15-year period can offer significant competitive advantage. It gives you the right to stop others from making or selling items with a substantially similar appearance in the U.S.

To protect designs internationally, you’ll need to file in individual countries or through treaties such as the Hague Agreement.

Why Design Patent Protection Matters

In a world full of copycats, visual design is a critical asset.

Products often succeed because of aesthetic appeal, not just performance. Consumers choose items that look good, feel premium, or convey a certain identity.

Here’s why a design patent matters:

• Blocks imitators: Prevents competitors from profiting off your look

• Boosts perceived value: Unique designs command higher prices

• Builds brand identity: People associate design with quality and innovation

• Attracts investors and buyers: IP assets increase company valuation

• Protects online sales: Helps remove knockoffs from platforms like Amazon and Alibaba

If you're launching a new product or entering a competitive market, protecting your design can give you a critical edge.

How to File a Design Patent

Here’s a step-by-step guide:

1. Determine eligibility

   • Ensure your design is new, non-functional, and original.

2. Conduct a design search

   • Check existing design patents using the USPTO Design Search Tool to avoid duplication.

3. Prepare high-quality drawings

   • These should show every angle of the design clearly. Use solid black lines for claimed features and broken lines for unclaimed context.

4. Draft a specification

   • A brief written description referencing the drawings.

5. Submit application to the USPTO

   • File through the USPTO’s Electronic Filing System (EFS-Web).

6. Respond to Office Actions (if any)

   • If the examiner requests clarification, respond within the given deadline.

Professional help from a patent illustrator or attorney significantly improves your chances of approval.

Additional Examples and Case Studies

Tesla Design Patents

Tesla has filed dozens of design patents for:

• Steering wheels

• Dashboard layouts

• Wheel designs

• Light patterns

These help the company retain its sleek, futuristic aesthetic and distinguish itself from traditional automakers.

OXO Kitchen Tools

OXO’s ergonomic and attractive kitchen tools stand out on shelves. The company has secured design patents for handles, contours, and button placement, helping them fend off lower-cost lookalikes.

Additional FAQs About Design Patent Protection

Can I file a design and utility patent for the same product?
Yes. Many products qualify for both. You’ll need to file separate applications for each type.

Is color covered in a design patent?
Only if you file a color design patent, which limits protection to those exact colors. Most patents are filed in black and white to cover broader variations.

Can I protect multiple designs in one application?
No. Each application can cover only one design. Variants must be filed separately.

What’s the cost to file a design patent?
Filing fees range from $50 to $200 depending on entity size. Including professional drawings and attorney help, total cost is typically $1,000–$3,000.

How is infringement determined?
If an ordinary observer would see the accused product as substantially similar to the patented design, it may be considered infringement—even with minor differences.

Can I stop international sellers with a U.S. design patent?
Yes, you can work with the International Trade Commission (ITC) to block imports, and request takedowns on platforms like Amazon using your U.S. design patent.

Conclusion and Next Steps

A design patent is a powerful tool to protect the unique look of your product.

It doesn’t protect function, but it safeguards appearance—the very thing that often drives consumer appeal.

If your product stands out visually, it’s worth protecting before competitors copy the design.

Make sure your application includes precise, professional drawings, as these define your entire legal protection.

Ready to protect your product's appearance?

👉 Get professional design patent drawings here

This is the first and most important step in filing a successful design patent.

Let your design stand alone—without imitators.