Discover what you can legally protect with a design patent and how it can elevate your brand. This in-depth guide explores the types of product designs eligible for protection, from unique shapes and surface ornamentation to digital interface elements. Featuring real-world examples like Apple and Crocs, plus expert tips, FAQs, and filing strategies, this article is essential for designers, inventors, and entrepreneurs. Learn how design patents can give you exclusive rights, boost market value, and protect against copycats. Need professional drawings? Get started with trusted experts at InventionIP.
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Understanding the Power of Design Patent
Protection
Design patents are a key form of intellectual property. They offer legal
protection for the ornamental design of a functional item. Unlike utility
patents, which protect how something works, design patents protect
how something looks.
Design patent drawings
A design patent gives you the right to exclude others from making,
using, or selling a product that copies your unique design. With visual
appearance playing a critical role in customer decisions, this type of
protection is more valuable than ever.
What Does a Design Patent Cover?
Design patents are strictly limited to non-functional elements. This
includes:
1. Unique Product Shapes
Distinctive shapes, curves, and silhouettes of physical objects are
among the most common elements protected. For instance, Apple
patented the original shape of its iPhone — a move that sparked
multiple lawsuits and billions in damages.
2. Surface Ornamentation
Ornamental patterns, textures, or decorative features that don’t serve
a practical function can be protected. For example, a floral engraving
on a mirror frame or a textured grip pattern on a tumbler.
3. Combination of Shape and Surface Decoration
A design patent can also cover the combination of shape and
decoration, as long as it’s unique and not dictated by function.
4. Digital Icons and User Interfaces
Graphical user interface (GUI) elements like app icons or screen
transitions can also qualify. Google and Facebook both own numerous
design patents for icons and interface layouts.
What Is Not Covered by a Design Patent?
Design patents do not cover:
● The function or utility of the product
● Internal mechanical workings
● Structural improvements
● Any aspect that is dictated by function (i.e., the shape exists
only to make something work)
If you want to protect how something works, you’ll need a utility
patent. Design patents are purely about aesthetics.
Real-World Examples of Design Patents
Apple vs. Samsung (Smartphone War)
In one of the most high-profile design patent cases ever, Apple sued
Samsung for copying the rounded rectangle shape of its iPhone and
the layout of its icons. Apple’s design patents played a central role,
leading to a jury award of over $500 million.
Crocs Footwear
Crocs has successfully patented the unique shape and design of their
foam clogs. When knockoffs flooded the market, Crocs used design
patents to enforce their rights globally. As a result, hundreds of
imitators were pulled from shelves.
Coca-Cola Bottle
The iconic contour bottle of Coca-Cola is a textbook example. It’s not
just a brand symbol; it’s a legally protected design. Coca-Cola has
enforced this design patent for decades to maintain its brand identity.
Industries Where Design Patents Are Vital
Consumer Electronics
Phones, wearables, headphones, laptops — all thrive on visual appeal.
Brands use design patents to defend their innovations and aesthetics.
Fashion and Accessories
Designs in shoes, handbags, jewelry, and sunglasses often rely on
their appearance. Design patents help stop counterfeit products.
Home Goods and Furniture
Chairs, vases, kitchen tools, and even rugs can have protected
designs. Think of Dyson’s vacuum cleaners — both sleek and legally
defended.
Toys and Children’s Products
LEGO, for example, holds design patents for many of its themed
figurines. These patents prevent lookalike products from entering the
market.
Benefits of Securing a Design Patent
Exclusive Rights
You can prevent others from copying or profiting from your design.
Market Advantage
In crowded spaces, a patented design helps you stand out and
enhances brand loyalty.
Increased Brand Value
Protected designs strengthen a brand’s image and increase its overall
valuation.
Leverage for Licensing and Royalties
A design patent lets you license your design to others. You can
generate income while maintaining control.
Litigation Power
It serves as a weapon in court. You can stop infringers and possibly
recover damages.
Steps to Protect Your Design
1. Ensure Originality
Your design must be new and not publicly disclosed before filing.
Conduct a design search to confirm originality.
2. Create Precise Drawings
Your application must include clear, professional drawings. These
define the scope of your protection. Even minor errors or unclear
angles can result in rejection.
3. File Promptly
Design patents follow the “first to file” system. File as soon as your
design is finalized.
4. Work with a Professional
Patent attorneys and experienced illustrators understand the
intricacies of design patent law. Their expertise ensures your
application meets USPTO standards.
Frequently Asked Questions (FAQs)
Q: How long does a design patent last?
A: In the United States, a design patent lasts 15 years from the date of
grant. No maintenance fees are required.
Q: Can I file a design patent internationally?
A: Yes, but the protection is territorial. You must file in each country
where you want protection. Consider filing through the Hague System
for international coverage.
Q: Can a design be both patented and trademarked?
A: Yes. For example, if your design becomes iconic, you can apply for
trade dress protection under trademark law as well.
Q: How much does a design patent cost?
A: Costs vary, but most filings range between $1,000 and $3,500,
depending on complexity and attorney fees.
Q: Can I protect a logo with a design patent?
A: Logos are generally covered by trademark law, not design patents.
However, complex visual designs used on products may qualify.
Tips to Strengthen Your Design Patent Application
● Use multiple views: top, side, bottom, perspective.
● Avoid broken lines unless you want to exclude parts from the
claim.
● Use shading to show depth and contour clearly.
● Include an exploded view if your design has multiple visible
components.
Case Study: Fitbit’s Design Strategy
Fitbit owns numerous design patents for its fitness trackers. The
bands, screen layouts, and casing shapes all contribute to the brand
identity. When imitators launched similar-looking devices, Fitbit’s
design patents helped block their entry and solidified its market
position.
Conclusion: Protect Your Design, Protect Your
Business
If your product’s appearance is a key differentiator, then a design
patent isn’t just optional — it’s essential. Whether it’s the shape of a
bottle, the pattern on a backpack, or the screen of a smartwatch, your
design deserves protection.
Failing to secure a design patent means leaving your visual innovation
vulnerable to copycats. Safeguard your edge. Claim ownership of your
design before someone else does.
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