Design Patent: Who Qualifies and What You Get
Learn how to protect the unique visual appearance of your manufactured products through a design patent.
A design patent is a legal protection for the unique visual appearance of a manufactured item. This type of patent focuses entirely on the aesthetic qualities of a product rather than its technical mechanics.
Who it's for
This scheme is intended for creators who have developed a new, original, and ornamental design for an article of manufacture. To qualify, the design must be something that has not been seen before and must be purely about the visual appearance. It is a way for designers and inventors to secure the rights to the specific look and style of the items they produce.
What you get
By securing a design patent, you receive legal protection for the design appearance of your product. This protection lasts for 15 years, giving you a significant window of time to market your creation and defend its unique visual identity against others who might try to copy it.
What it costs you
Applying for this protection involves government fees. However, the cost of obtaining a design patent is lower than the cost required to secure a utility patent. While you will need to account for these expenses, it is a more accessible option for those looking specifically to protect a product's visual style.
The catch to know
The most important thing to remember is that a design patent only protects the look of the item. It does not protect the function. This means that while you can stop others from making something that looks exactly like your product, you cannot use a design patent to stop someone from using the same mechanical or technical way of working if their product looks different.
How to apply
- Confirm that your design is original and purely ornamental to meet the requirement for a new design.
- Prepare detailed visual representations of the article of manufacture to show the design clearly.
- Submit your formal application through the official government portal.
- Follow any instructions provided during the review process to move your application toward approval.