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How Do You Apply for a Design Patent?
Applying for a design patent starts with one critical step: confirming that your design is new, original, and has individual character. Once confirmed, the next step is preparing your design drawings, which visually represent every key aspect of the object you wish to protect. These drawings must comply with the strict formal requirements of the target patent office.
After the drawings are ready, a formal application is prepared. This includes a brief written description, figure references, and a single claim that refers directly to the visual appearance shown in the drawings. Unlike invention patents, no technical explanation or multiple claims are needed: the drawings are the foundation of the application.
Patentarea manages this entire process on your behalf. We arrange the necessary documents, coordinate with expert illustrators if needed, and attorneys to submit the application to the appropriate patent office, whether that’s a national office like the USPTO, a regional one like the EUIPO, or through the Hague System for multi-country protection.
Once filed, the design will either undergo substantive examination (in countries like the U.S. or Japan) or only a formal examination (in jurisdictions like the EU). We also monitor deadlines and renewal terms to keep your rights active.
What mistakes should you avoid?
01
Inconsistent Views
All figures must represent the same design from different angles. Differences in proportions, features, or alignment between views (e.g., front vs. perspective) can suggest different designs and lead to objections.
For example, imagine that in the front view of your design, the object has a smooth rounded corner, but in the perspective view, the same corner appears sharp or angled. This inconsistency creates doubt as to what the actual design is.
02
Using Marketing-Style Figures
Using marketing-style renderings, photographs with background clutter or reflections, and varying line thickness between views. Since the drawing is the claim, any ambiguity or inconsistency can weaken or invalidate your design rights.
That’s why it’s essential to prepare drawings not just for visual appeal, but for legal accuracy and formal compliance.
03
Improper Use of Broken Lines
Broken (dashed) lines must be used strictly to show unclaimed portions of the design (e.g., environment, boundaries, or optional elements). Inconsistent or incorrect application may confuse what is being claimed and result in rejection.
For example, if you are claiming a bottle design, and in the top view you show the cap with solid lines, while in the side view the same cap appears in broken lines. This inconsistency makes it unclear whether the cap is part of the claimed design or not.
04
Improper Use of Shading
Shading is used to show surface contour and texture, but excessive or inconsistent shading can distort the design. Artistic effects, gradients, or shadows should be avoided unless they are essential to convey a specific surface detail.
For example, suppose a product surface is illustrated with heavy crosshatching in one figure and with smooth grayscale gradients in another. These visual differences may suggest different surface textures or finishes, even if unintentional.
How Do We Support You at Patentarea?
At Patentarea, we guide you through every step of the design patent process:
We begin by evaluating whether your design qualifies for protection and offer strategic guidance on the best jurisdictions and filing routes. Our team can prepare new drawings from scratch or review and correct client-supplied illustrations to meet local and international requirements.
We also handle Hague System filings, allowing you to protect your design in over 90 countries with a single application. Whether you’re filing in the U.S., Europe, Japan, or elsewhere, we ensure your application aligns with the expectations of each patent office.
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FAQ
What does a Design Patent Protect?
A design patent (or industrial design registration in some jurisdictions) protects the visual appearance of a product, including its shape, configuration, surface pattern, or a combination of these elements. It does not protect how the product works.
Is a Design Patent Valid Internationally?
No single design patent grants worldwide protection. However, international protection can be obtained through treaties like the Hague Agreement, which allows applicants to seek design protection in multiple countries via a single application. At Patentarea, we help you navigate both national and international filings.
What is the duration of a Design Patent?
The term varies by country. In the United States, it lasts 15 years from grant. In the European Union, Community Design Rights can last up to 25 years, renewable in 5-year blocks. Other countries may differ, typically between 10 to 25 years.
Can I protect both the function and design of my invention?
Yes. An invention patent protects how an invention works, while a design patent protects how it looks. You can often apply for both if your invention qualifies under each category.
Do all countries examine Design Patent Applications?
No. Some countries, like the U.S. and Japan, perform substantive examination for novelty and originality. Others, like Europe, allow for unexamined registration, where protection is granted faster but can be challenged later.
Can I submit photographs instead of drawings?
In some jurisdictions (like the U.S. or under the Hague system), photographs are allowed only if they accurately and clearly represent the design. However, line drawings are preferred and required in many countries to ensure clarity and consistency.
How do I enforce a Design Right?
Once registered, you can take legal action against unauthorized use or copying in the countries where the design is protected. This may include injunctions, customs enforcement, and damages for infringement.