What Is Design Patent Protection?

Design patent protection is the protection of a design rather than its functionality. In the USA, it refers to the design of a useful article and typically lasts for 15 years from the grant date.

The protected design could be:

  • Configuration

    The general shape of a product

  • Surface ornamentation

    Decorative patterns of a product

  • Both combined

    The combination of configuration and ornamentation of a product

The design patent is conditional upon novelty, so the search of previous designs and publicly available designs is essential.

Design patent protection

Utility Patents vs Design Patents: The Key Differences Explained

Utility Patents

  • Protect how an invention works, including its function, structure, process, or technical solution.
  • Suitable for inventions involving a new function, mechanism, process, or technical improvement.
  • An innovative hinge system may be protected with a utility patent.
  • If an invention has both a new function and a distinctive appearance, both utility and design patents may be needed.

Design Patents

  • Protect how a product looks, focusing on its visual appearance.
  • Suitable for products with a new or distinctive shape, configuration, or appearance.
  • A distinctive bottle shape may be protected with a design patent.
  • Design patents have a narrower scope because they focus specifically on the product’s appearance.

What Does Our Design Patent Search Include?

The visual appearance of your design is compared against relevant databases and public records.

Our design patent prior art search in the United States includes USPTO design patents, both through classification-based search and visual search. A more comprehensive USPTO design patent search could reveal relevant designs that a simple keyword search fails to reveal.

In addition to the above, depending upon your needs, we also search:

  • US and international design databases
  • Commercial global design databases
  • Design View and relevant regional registers
  • Locarno and US design classifications
  • Product catalogs of manufacturers
  • E-commerce platforms and marketplace listings
  • Other possible places where such designs could be present in the public domain

Publicly available products and marketing materials could also be relevant to prior art. Patents are not always necessary for the designs to be relevant.

Begin Your Prior Art Search
Design patent prior art search

What Will You Get?

You will get a written report highlighting the closest matches we were able to find for you.

This report may contain the following items:

Design patent search written report
  • Illustrations of designs we found
  • Comparisons side-by-side
  • Patent information
  • Classification information
  • Our analysis of the findings in understandable language

If there is something that might cause you an issue, we will tell you why.

Design Patent Drawing Services

Design patent drawing services

As you begin the filing process, drawings become important. Through our design patent drawing services, we will convert your sketches, images, or CAD files into patent drawings that satisfy relevant filing requirements.

Our services include:

Required views

Uniform lines

Shading and surfaces

Broken-line convention

Claimed and unclaimed elements

Drawing requirements for various jurisdictions

For international filings, we will produce drawing sets in accordance with the filing requirements of various patent offices.

Why Choose Us?

  • Qualified experts

    Qualified intellectual property researchers and technical experts, not merely machine-generated search results.

  • Transparent pricing

    You will get a quote upfront before we start.

  • Punctual service

    We give you a delivery date and keep you updated.

  • Professional confidentiality

    Your design and other information are kept confidential.

  • Constant updates

    You will not need to pester us for updates.

  • Flexible solutions

    Be it a single design or even a portfolio of designs, we can cater to your needs.

Virtue Legal Services design patent search
Design patent search FAQ

Frequently Asked Questions

A design patent search involves researching the prior designs contained within design patents, published applications, registered designs, and other publicly available documents for designs that look similar to yours. This process is visual in nature and takes into consideration the shape, proportionality, surface characteristics, and the overall look of the design.

This process will help you avoid spending your money on developing a design that has significant prior art problems. In addition, a design patent search will provide information regarding market competition and any modifications required to the design.

It can identify granted design patents, design patent applications, registered designs, and publicly disclosed designs, including product listings, catalogs, brochures, etc.

Based on your needs, we can conduct research within the databases of USPTO, WIPO, and regional design registries, Design View, commercial databases, design classifications, product catalogues, marketplaces, and manufacturer sites.

It is normally enough to send us a sketch, photograph, or CAD drawing that illustrates your design. Also, please let us know which elements you consider new and in which jurisdictions you want to obtain protection.

Ready To Check The State Of Your Design?

Do not wait until a patent examiner does the research for you! Just send us your sketch, photo, or design file, and we will evaluate your requirements and give you a quote and timeframe for completion.