Article and design
Identify the article of manufacture and the appearance that should define the application.
Product appearance
Design patent applications with the claimed appearance made clear
Cognivito helps evaluate, prepare, and prosecute U.S. design patent applications for the ornamental design of an article of manufacture.
Written and reviewed by Stewart Myers, Oregon attorney and registered patent attorney · Last reviewed
Direct answer
What does a design patent protect?
Short answer: a design patent can protect a new, original, and ornamental design for an article of manufacture. The drawings are central because they show the claimed design; choices about solid and broken lines, views, surface treatment, and claimed portions affect what the application presents.
Design protection is different from utility protection. A product may justify one, the other, both, or neither. The strategy should consider the appearance customers recognize, likely variants, competitor design-arounds, launch timing, and whether related trademark or copyright questions also exist.
Drawing-led strategy
Decide what the application will claim
Claimed and unclaimed portions
Coordinate line treatment and views so the drawings consistently communicate what is and is not claimed.
Variants
Consider whether meaningful versions require separate figures, embodiments, applications, or a coordinated filing family.
Launch and disclosures
Map product announcements, sales, crowdfunding, trade shows, catalogs, and other disclosures before filing.
Frequently asked
Design patent questions
Are design and utility patents interchangeable?
No. Utility patents address qualifying functional inventions; design patents address ornamental appearance. A single product may contain both functional and ornamental innovations.
Can photographs be used instead of drawings?
USPTO rules and practice permit different forms of visual disclosure in appropriate circumstances, but consistency, clarity, surface treatment, and claim interpretation require care. The selected format should be evaluated before filing.
Can a design filing cover only part of a product?
Potentially. The drawings can distinguish claimed and unclaimed portions under applicable practice. Whether a partial design is appropriate depends on the article, novelty, commercial target, and drawing strategy.
Should the design be searched first?
A search may help evaluate prior designs and filing strategy, but no search is exhaustive and the relevant comparison is visual and fact-specific. Search scope should match the decision being made.
Authoritative sources
Official design-patent resources
The drawings and application record must be evaluated as filed. General website examples do not determine the scope or validity of any design claim.
Protect the appearance before the launch calendar takes over.
Start with a nonconfidential product description and the earliest known disclosure or sale date.
Discuss a Design Filing