A US design patent protects the unique ornamental design of an article of manufacture. It helps businesses and inventors safeguard their innovative creations. If you plan to apply for a US design patent, understand the application process and requirements. This ensures your design receives the protection it deserves. In this guide, we walk you through the step-by-step process of applying for a design patent in the United States.

Step 1: Ensure Your Design Qualifies

The first step in applying for a US design patent involves ensuring your design qualifies for protection. A design patent protects an item’s aesthetic aspects, including its shape, surface ornamentation, and overall appearance. However, it does not protect the design’s functional aspects. Your design must be new, original, and non-obvious to those skilled in the relevant field.

Step 2: Prepare Your Design Drawings

The USPTO requires detailed drawings or photographs of your design as part of your application. These drawings must clearly illustrate the design from various angles, including front, rear, top, bottom, left, and right views. The drawings must be precise and meet the USPTO’s formatting requirements, such as no shading or other elements that might obscure the design’s details.

Step 3: Complete the Design Patent Application

Next, fill out the US design patent application. You can do this online through the USPTO’s website using the Electronic Filing System (EFS-Web). The application consists of several key components:

• Application form: This includes basic information about the applicant, the design’s title, and a description of its intended use.
• Drawings: As mentioned, high-quality drawings of the design are
• Declaration and oath: You must sign a declaration confirming you are the original inventor of the design.

Step 4: Submit the Application and Pay Fees

Once your application is complete, submit it electronically through the USPTO’s EFS-Web portal. An application fee applies, which varies depending on whether you’re filing as a small entity, large entity, or micro entity. Check the USPTO’s fee schedule before submitting your application.

Step 5: Wait for USPTO Review

After submission, a USPTO examiner reviews your design patent application. The examiner assesses whether your design meets the requirements for patentability, such as novelty and originality. The review process may take several months, depending on the examiner’s workload and your application’s complexity.

Step 6: Respond to Office Actions (if needed)

If the examiner finds any issues with your application, they may issue an office action requesting additional information or clarification. You’ll have the opportunity to respond to the examiner’s feedback, typically within six months. This step can require back-and-forth communication between you and the USPTO to resolve any issues.

Step 7: Patent Approval and Issuance

If the USPTO approves your design patent application, you’ll receive a patent grant. The patent protects your design for 15 years from the date of issuance, allowing you to exclude others from making, using, or selling your design without permission.