The patent laws provide for the granting of design patents to any person
who has invented any new, original and ornamental design for an article
of manufacture. The design patent protects only the appearance of an
article, and not its structure or utilitarian features. The proceedings
relating to granting of design patents are the same as those relating to
other patents with a few differences.
See current fee schedule for the filing fee for a design application. A
design patent has a term of 14 years from grant, and no fees are
necessary to maintain a design patent in force. If on examination it is
determined that an applicant is entitled to a design patent under the
law, a notice of allowance will be sent to the applicant or applicant’s
attorney, or agent, calling for the payment of an issue fee.
The drawing of the design patent conforms to the same rules as other
drawings, but no reference characters are required.
The specification of a design application is short and ordinarily
follows a set form. Only one claim is permitted, following a set form.