How to Get a Design Patent: Process, Cost, and Timeline
To get a design patent, you file a U.S. application with drawings showing the product's ornamental appearance, a single claim, and pay USPTO filing, search, and examination fees. If the examiner allows it and you pay the issue fee, the patent lasts 15 years from grant. USPTO data from 2024 put average total pendency near 23 months.
What does a design patent protect?
A design patent protects the new, original, and ornamental appearance of an article of manufacture, not how the article works. Under 35 U.S.C. 171, the shape and surface look of a product can qualify. Designs dictated purely by function, or copied from a well-known or natural object, do not.
Think of the contour of a toothbrush handle or the look of a product package. A utility patent covers how a product works, so many companies pair it with a design patent. We describe that combined approach for consumer products, alongside trademarks and copyrights, on our other technologies page.
How do you get a design patent, step by step?
You confirm the design qualifies, prepare drawings, write one claim, file the application with the inventor’s oath and fees, and then answer the examiner. The USPTO’s own guide calls the drawings the most important part of the application.
Check for earlier designs. A search before you invest helps, but results are only as good as the search method. Our inventor FAQs explain why we call patent searching both an art and a science.
Prepare the drawings. Show enough views to disclose the whole design: front, rear, sides, top, bottom, and perspective views are suggested. Use black ink on white paper or black-and-white photographs. Broken lines show matter that is not part of the claimed design.
Assemble the application. The USPTO lists a transmittal form, a fee transmittal, an application data sheet, the specification, the drawings, and the inventor’s oath or declaration.
Write a single claim. Under 37 CFR 1.153, the claim is directed to the ornamental design for the named article, and more than one claim is neither required nor permitted.
File through Patent Center. At minimum, the filing needs a specification, a drawing, and a claim to receive an application number and filing date.
Respond to office actions. A missed deadline can abandon the application. After a final rejection, or after two claim rejections, you can appeal. Our explainer on office actions covers the choices.
How much does a design patent cost?
At the USPTO, a large entity pays $1,300 in filing, search, and examination fees, plus a $1,300 issue fee, for a total of $2,600. Small and micro entities pay less, subject to the required certifications. Attorney and drawing fees come on top.
The current schedule, effective January 19, 2025, and last revised August 14, 2026, lists these design fees:
Large entity: $300 filing, $300 search, $700 examination, $1,300 issue.
Small entity: $120 filing, $120 search, $280 examination, $520 issue, for $1,040 in total.
Micro entity: $60 filing, $60 search, $140 examination, $260 issue, for $520 in total.
We don't publish a fixed price for design patent preparation; it varies with the number of views and how complex the product is. A complete, well-organized disclosure generally lowers cost because the attorney spends less time understanding the product. USPTO fees change, so check the official fee schedule before you budget.
How long does it take to get a design patent?
Plan on roughly two years from filing to grant. In USPTO data presented in May 2024, first action pendency was 17.2 months and total pendency was 23.0 months. Current figures are on the USPTO Patents Dashboard.
Expedited examination exists under 37 CFR 1.155, often called the Rocket Docket, and those applications are examined with priority. Confirm the current petition requirements and fees with the USPTO before relying on them. Once granted, a design patent lasts 15 years from the date of grant under 35 U.S.C. 173.
When should you file a design patent application?
File before you sell, offer, or publicly show the product. In the United States, our FAQs note that inventors have 12 months after the first sale to file, but the safer course is to file before discussing the design with third parties or offering it for sale.
Public disclosure can affect your patent rights, so read our post on the one-year clock. U.S. design rights apply only inside the United States. If you want protection elsewhere, the USPTO points to country-specific filings and the Hague Agreement, and an attorney can tell you whether it is worth the cost.
What mistakes delay or weaken a design patent?
Most problems come from the drawings and from claiming the wrong thing. You can fix them before filing, but they're harder to repair afterward because you can't add new matter once the application is on file.
Too few views. A design that is only partly shown is only partly protected.
Unclear shading. Surface shading shows contour and separates open from solid areas.
Solid lines for unclaimed parts. Use broken lines for the environment, and explain them in the specification.
A claim that does not match the title. The named article should be the same in both.
Several distinct designs in one application. Each application should claim one design.
Protecting function with a design patent. Functional features belong in a utility application.
Frequently Asked Questions
Do I need a lawyer to get a design patent?
The USPTO accepts applications from inventors directly, but we advise against filing without counsel. Our FAQs discuss studies showing that pro se applicants are much less successful at getting meaningful protection.
Can I get a design patent and a utility patent on the same product?
Yes. They protect different things. The design patent covers appearance and the utility patent covers function, which is why we build combined strategies for consumer products.
How long does a design patent last?
A design patent lasts 15 years from the date it is granted, not from the filing date.
Talk to a Patent Attorney
Sleman & Lund LLP provides patent preparation and prosecution and offers free consultations for patent matters. Review our practice areas, then book a free consultation online or contact us.
Phone: (732) 795-0505
Email: sleman@patentspace.net
Office: 4400 U.S. 9 South, Suite 1000, Freehold, NJ 07728
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