Imagine spending years perfecting a product design, only to see it copied by a competitor. Without proper legal protection, your unique design could be reproduced, sold, and profited from—without you seeing a dime. That’s where design patents come in. They’re your first line of defence against copycats and an essential tool for protecting product aesthetics.
Whether you’re a solo inventor, a startup founder, or an established brand looking to innovate, securing a design patent can safeguard your creative edge. At Shark Design, we’ve helped countless clients bring their ideas to life while ensuring their intellectual property remains fully protected.
In this comprehensive guide, we’ll walk you through how to patent a design, avoid common pitfalls, and get your product the recognition—and legal backing—it deserves.
What is a Design Patent?
A design patent protects the ornamental appearance of a product—not its function. This means it covers elements like shape, configuration, pattern, and surface ornamentation. Think of it as a copyright for physical design.
Design Patent vs. Utility Patent
- Utility Patents protect how a product works—its functionality.
- Design Patents protect how a product looks—its aesthetic features.
For instance, the Coca-Cola bottle is iconic not just because of its contents, but its silhouette—protected by a design patent. Likewise, Apple’s iPhone has both utility and design patents, covering everything from internal mechanics to the phone’s sleek outer shell.
If your innovation lies in the visual appeal of the product, a design patent is likely your best bet.
Why Should You Patent Your Design?
Patenting a new design does more than just secure bragging rights—it offers solid business advantages.
1. Prevents Copying and Infringement
A design patent gives you the legal authority to stop others from manufacturing, selling, or importing products that mimic your design.
2. Boosts Business Value
Patents are intellectual property assets. They increase your company’s valuation and can attract investors, buyers, and licensing opportunities.
3. Enhances Brand Credibility
Holding a patent signals serious innovation. It shows that your product is not only original but also legally validated.
4. Legal Leverage in Disputes
If someone infringes on your design, having a patent allows you to take legal action and potentially win damages.
Shark Design Insight: Our patented product designs don’t just look good—they stand strong in the marketplace. We help you build defensible, market-ready designs that competitors can’t easily replicate.
Step-by-Step Guide to Patenting Your Design
Patenting might seem daunting, but with the right roadmap—and the right team—you can navigate it smoothly.
Step 1: Conduct a Thorough Patent Search
Before filing, ensure your design is truly original.
How to Search:
- Use the USPTO Design Search Tool (link).
- Browse by classification, keywords, or visual similarity.
- Consider using tools like Google Patents or WIPO’s Global Design Database.
Hiring a patent attorney can help you avoid missed overlaps.
Step 2: Ensure Your Design is Patentable
To be approved, your design must be:
- Novel: Not publicly disclosed anywhere.
- Original: Created by you.
- Non-obvious: Not an obvious tweak of an existing design.
Avoid combining elements from prior designs unless the combination is uniquely innovative.
Step 3: Prepare Design Documentation
Your design submission must visually and clearly describe the product’s appearance.
Key Requirements:
- High-resolution drawings or CAD renders.
- Multiple views: front, back, sides, top, bottom, and perspective.
- Consistent scale and no shadows or reflections.
Shark Design Tip: Our industrial designers create patent-ready visuals from the start—saving time and avoiding costly resubmissions.
Step 4: File Your Design Patent Application
You can file a Provisional or Non-Provisional application, depending on your needs.
Provisional Application:
- Cheaper, faster, but temporary (expires after 12 months).
- Doesn’t get reviewed or published.
Non-Provisional Application:
- Full examination by the USPTO.
- Grants patent protection for up to 15 years (in the U.S.).
USPTO Filing Fees (as of 2025):
- Small entity: ~$250–$500
- Large entity: ~$1,000+
- Attorney fees: Vary (~$1,000 to $3,500+ depending on complexity)
File online via USPTO EFS-Web.
Step 5: Respond to Office Actions
The USPTO may issue rejections or requests for clarification.
Common Office Actions:
- Obviousness rejection
- Indistinct drawings
- Improper subject matter
Work closely with your patent attorney or IP expert to respond within the given deadline (usually 6 months).
Step 6: Maintain and Enforce Your Patent
Unlike utility patents, design patents don’t require maintenance fees in the U.S. However, international protection may involve renewals.
If someone infringes on your design:
- Send a cease-and-desist letter.
- File a lawsuit (if necessary).
- Consider licensing or settlement options.
Shark Design partners with trusted patent attorneys to ensure every design we develop is protected from day one through enforcement.
Common Mistakes to Avoid
Avoiding these pitfalls can save you time, money, and legal headaches.
Skipping the Patent Search
Overlooking similar existing designs can get your application rejected—or worse, land you in legal trouble.
Poor-Quality Drawings
The USPTO heavily relies on visuals. Ambiguous or inconsistent drawings lead to immediate rejections.
Filing Too Late
If your design has already been publicly disclosed, you might lose eligibility for patent protection.
Missing Deadlines
Patent filing, response, and renewal deadlines are strict. Missing them could forfeit your rights.
Shark Design Tip: We integrate patent strategy right into the design process. That means fewer revisions, faster approvals, and stronger protection.
How Shark Design Helps You Protect Your Innovation
At Shark Design, we’re not just creators—we’re protectors of innovation. From concept to prototype, we ensure your product design is both beautiful and defensible.
Here’s how we help:
- Patent-Ready Designs: Every visual we create is optimized for legal submission.
- IP Attorney Collaboration: We connect you with expert legal teams for airtight filings.
- End-to-End Support: From initial sketches to post-launch protection, we’ve got your back.
Client Story: One of our clients, an e-commerce startup, patented their cosmetic packaging design with our help. Not only did they secure protection, but they also gained investor attention and major retail interest.
Final Thoughts
Getting a design patent is more than just paperwork—it’s a strategic move to protect your creativity and fuel business growth. A design patent safeguards the visual appearance of your product, ensuring that its unique look can’t be copied or exploited by competitors.
The process involves thorough research, detailed visuals, and meticulous documentation, all of which are crucial for a successful application. Avoiding common mistakes, such as submitting poor-quality drawings or missing deadlines, can significantly speed up the approval process.
Working with experts like Shark Design ensures your concept is not only innovative but also fully protected under the law. Your design is your asset—protect it the right way. Ready to patent your product? Contact Shark Design today and let’s bring your vision to life—securely and strategically.
