What is a design patent?

A design patent protects the visual appearance or ornamental design of a product, not its structure or how it works. That covers shapes, surface patterns and overall aesthetics. A utility patent protects how something works; a design patent protects how it looks.

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What qualifies for a design patent?

A design must be:

• New and original, not already disclosed
• Non-functional, meaning purely ornamental rather than dictated by how the product works
• Visible during normal use of the product

The functionality test is where most applications fail. If a shape exists because the product could not work otherwise, it belongs in a utility patent, if anywhere.

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What is it called in different jurisdictions?

The name changes and it causes real confusion. The USPTO issues design patents. The EUIPO registers community designs. Many other offices call them industrial designs. They protect the same thing.

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How long does design protection last?

It varies more than any other IP right.

In the United States a design patent lasts 15 years from the grant date with no patent renewal fees. Elsewhere, protection usually runs in renewable periods and does require fees, with the maximum term and the renewal interval differing by jurisdiction.

That inconsistency is why designs are the easiest right to lose by accident in a mixed portfolio: the schedule that works for your patents does not apply to your designs.

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How does a design differ from a trademark?

A design protects the appearance of the product itself. A trademark protects the sign that identifies who made it. A distinctive bottle shape can be both, protected as a design and registered as a trademark.