US Design Patent

How the US protects designs

In the US, the ornamental appearance of a manufactured article is protected by a design patent rather than a registered design. It must be new, original and ornamental, and show a level of design that goes beyond the everyday. Technical and architectural objects can qualify too — tyres, machine parts, instruments, vehicles. Anything published anywhere, or used earlier in the US, can destroy novelty.

An examined right

Unlike the EU and German designs, a US design patent is examined: the USPTO checks that the design is genuinely new. The application needs a single claim, formal drawings, a description, an inventor's declaration and any priority documents. A US-licensed attorney at Hucke & Sanker (Marijan Hucke, NY bar) prepares and files it, as required for foreign applicants. The term is 15 years from grant.

Fees and what's included

USPTO fees (filing, search, examination and issue) apply and are paid to the office; substantial reductions are available for small and micro entities. Our flat service fee is €199 net and covers preparing and filing the application and forwarding the patent certificate once granted. (Preparation of formal patent drawings is quoted separately.)