What Are Design Patents?

US Design Patents

Last updated: August 17, 2026

Design patents are available to any person who has invented any new and nonobvious ornamental design for an "article of manufacture." A design patent protects only the appearance of an article, not its structural or functional features. To protect other features of the invention would require another patent in conjunction with the design patent. See Patent Rights Overview for a full list of different patent types and their functions. Design patents are prosecuted in essentially the same way as utility patents. However, a design patent has a term of 14 years from grant, and no fees are necessary to maintain it once the patent is in force.

The drawing of the design patent conforms to the same rules as other drawings. However, no reference characters are allowed and the drawing should clearly depict the appearance, since the drawing defines the scope of patent protection. The specification of a design application is short and ordinarily follows a set form. Only one claim is permitted, following a set form that refers to the drawing(s).

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