Design Patents Explained: What They Are, How to File, and Avoid Common Mistakes
A design patent protects the unique visual appearance of a product, its shape, form, and surface decoration. If how your product looks is a key part of its value, securing a design patent can be a smart move. At Patentarea, we help inventors, companies, and IP firms secure local and international design protection, including filings under the Hague System.
This guide explains what a design patent is, how it differs from invention patents, how to meet formal requirements, and how to avoid common mistakes during the application process.
What Is a Design Patent?
A design patent protects the ornamental appearance of an article of manufacture. This may include:
- The configuration or shape of the item (e.g., the curve of a chair)
- Surface ornamentation applied to an item (e.g., decorative patterns on fabric)
- A combination of shape and ornamentation
The design must be new, original, and have individual character, and must not be dictated solely by function. A design is considered to have individual character when its overall appearance or impression differs from any prior design in the eyes of a person skilled in the art. If the visual aspect serves a primarily functional purpose, you may need to consider filing an Invention Patent instead.
Elements of a Design Patent Application
The most critical element of a design patent application is the drawings, as they define the entire scope of legal protection. Unlike invention patents, where claims and descriptions carry detailed technical weight, a design patent includes only one formal claim, and the visual disclosure does all the work.
Because of this, the quality, clarity, and accuracy of the drawings are essential. They must show the design from all relevant views and comply with formal requirements of the target jurisdiction.
While the written elements—such as the preamble, figure descriptions, or the single claim—are typically prepared by a patent attorney, the drawings must be complete, consistent, and technically correct from the outset. Any inconsistency or omission can limit or invalidate the protection granted.
Design Patents |
Invention Patents |
| Protects the ornamental appearance of a product (how it looks), while an invention patent protects the functionality (how it works or what it does). Design Patents are ideal when the innovation lies in the visual features of an item, such as its shape, surface decoration, or aesthetic appeal. | If your invention performs a specific function or improves how something operates, then it is likely qualified for an Invention Patent. For example, the unique looks of a smartphone case may be protected by a Design Patent, but touchscreen technology or internal hardware would require an Invention Patent. |
Design patents include only a single claim, and the drawings define the entire scope of protection. They typically undergo a simpler and faster examination process and require a lower financial investment compared to invention patents.
It’s worth noting that for some products, both an invention and a design patent may be appropriate, providing a distinct layer of protection.
Is My Design Patentable?
To determine whether your design is patentable, consider whether the design is visually new and distinct, and is applied to a tangible article of manufacture. It must be something that can be illustrated accurately through drawings or photographs. If all these criteria are met, your design may be eligible for protection under design patent law.
Design and Drawing Formalities for a Design Patent Application
In a design patent, the drawings are not just illustrations—they define the entire scope of protection. That’s why they must strictly comply with the formal requirements set by each jurisdiction.
In our experience at Patentarea, approximately 60% of the design drawings are prepared by the clients themselves, especially when the applicant is a company or individual with an in-house design team. While this can be efficient, it’s essential to understand that design patent drawings are legal documents—not marketing images or concept sketches.
We strongly recommend that clients take appropriate precautions or have the drawings reviewed by a patent attorney with experience in design filings. Small inconsistencies or formal errors—such as incorrect use of broken lines, inconsistent views, or improper formatting—can lead to rejections or reduce the scope of protection.
General Drawing Standards
- Paper size: A4 or US Letter (21 cm x 29.7 cm or 8.5” x 11”)
- Margins:
- Top and left: at least 2.5 cm (1 inch)
- Right and bottom: at least 2.0 cm (0.79 inch)
- Line style: Black ink only; clean, uniform line weights
- Text: No written description, unless essential reference (e.g., “FIG. 1”)
- Drawing views required (as applicable):
- Front, rear, top, bottom, left, right, and perspective view
- Numbering: Each drawing should be labeled (e.g., “FIG. 1”)
- Scale: Drawings must be proportional and consistent across views
Shading and Surface Definition
- Use shading or stippling to indicate contour and texture of surfaces
- Avoid heavy shading or artistic effects
- Transparent or translucent materials must be illustrated with appropriate surface treatment
Broken Lines and Unclaimed Subject Matter
- Use broken (dashed) lines to show environment, boundaries, or unclaimed portions
- Only solid lines define the claimed design
- Improper or inconsistent use of broken lines may result in rejection
Color Drawings or Photographs
Color drawings and photographs can be used, but their acceptability depends on the local patent office and the nature of the design. We recommend consulting with your local patent attorney or contacting our team at Patentarea to ensure compliance with the specific requirements of each jurisdiction.
Common Mistakes to Avoid
When applying for a design patent, many applicants make avoidable mistakes that can jeopardize the strength or validity of their application when preparing the drawings on their own. One of the most common issues is submitting unclear or inconsistent drawings, which can create confusion about the scope of the claimed design and may lead to rejection.
Similarly, photographs with reflections, shadows, or background clutter can obscure key visual features and fail to meet formal requirements.
The example on the left illustrates an objection issued during examination due to inconsistencies among the features shown in Figures 3, 6, and 8.
Another frequent error is the improper use of broken lines and inconsistent line weights. Broken (dashed) lines are essential for distinguishing unclaimed portions of the design, such as environment or boundaries. Misusing them, by including too many, omitting necessary ones, or applying them inconsistently, can lead to rejections or misunderstandings about what is actually being claimed.
Additionally, variations in line thickness across different figures can suggest unintended differences between views. Design patent drawings must use uniform, clean line styles to accurately represent the claimed design without introducing ambiguity.
On the right is an example of a common mistake related to broken lines and line thickness.
Avoiding these pitfalls from the beginning can significantly improve your chances of obtaining and enforcing a valid design patent.
Remember: in design patents, the drawing is the claim. Any ambiguity can limit or invalidate your protection.
Additional Drawing Tips from Patentarea
- Submit all views necessary to fully disclose the design. Depending on the complexity of the design, additional views may be required to ensure that all aspects are clearly represented. Keep in mind that the examiner must be able to understand the entire design from all angles and in relation to all its parts.
- Do not show the environment unless it’s essential to understand the design
- Be consistent in orientation, proportions, and alignment between figures
At Patentarea, we work with experienced technical illustrators and patent professionals to ensure your drawings are accurate, compliant, and ready for examination. This is especially important in design patents, where the visual disclosure defines the entire claim.
International Design Protection
Please note Design patents only protect your design in your selected jurisdiction. Patentarea simplifies international filings through the Hague System, allowing you to protect your design in over 90 countries with one application.
However, it’s important to note that your design must still meet the legal standards of each country where protection is sought. Not all countries are members of the Hague System, you may review the Hague contracting states in the following link: Hague Contracting States
