{"id":4957,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/design-patents-overview.html"},"modified":"2024-05-22T02:32:32","modified_gmt":"2024-05-22T07:32:32","slug":"design-patents-overview","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/design-patents-overview.html","title":{"rendered":"Design Patents: The Basics"},"content":{"rendered":"\n
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Design Patents: The Basics<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Anyone who invents or discovers any new and useful process, machine, article of manufacture, composition of matters, or any new useful improvement of those things can get a patent. There are three types of patents: plant patents<\/a>, utility patents<\/a>, and design patents.<\/p>\r\n

Design patents are for things that can be seen on an item but provide no function or utility to the item. When you think of design patents<\/a>, you may think of revolutionary concepts such as the appearance of the iPhone, the Tiffany Setting Engagement Ring, or the shape of Hershey’s Kisses.<\/p>\r\n

Design patent protection is valuable for small business owners or entrepreneurs looking to safeguard their innovative product designs. Follow along as FindLaw takes you through design patents, what they are, and how to apply with the United States Patent and Trademark Office<\/a>.<\/p>\r\n

What Is a Design Patent?<\/h2>\r\n

United States patent law grants design patents to any person who has invented<\/a> any new and nonobvious ornamental design for an article of manufacture. The design patent grants exclusive rights to only the appearance of an article but not its structural or functional features. If granted, a design patent lasts 15 years.<\/p>\r\n

If you want protection for a product’s functionality, like a smartphone connecting to a laptop to make a call, then you must file a utility patent application. The proceedings relating to the granting of design patents are the same as those relating to other patents. There are a few differences you should keep in mind.<\/p>\r\n

Definition of a Design<\/h2>\r\n

In a nutshell, a design is what you can see on a physical item. When you are reading the USPTO design patent application<\/a>, it defines design as "the visual ornamental characteristics embodied in, or applied to, an article of manufacture." Don’t get lost in the technical jargon. If you can see it, and it does not provide a function, then it is likely a design. If it does provide a function, then you cannot file a design patent. You must file a utility patent instead.<\/p>\r\n

Since a design is an appearance, the subject matter of a design patent application<\/a> may relate to the item or product, called an article:<\/p>\r\n