What Are the Different Types of Design Patent?

Design patents protect how something looks—not how it works. They cover visual elements like shapes, surface patterns, or digital interface layouts. In the United States, the USPTO grants design patents that last for 15 years from the date they’re issued. They offer powerful protection against visual copycats across industries like fashion, tech, consumer goods, and more.

Design patent

Although the USPTO doesn’t formally classify design patents into subcategories, professionals commonly group them into four main types:

• Configuration (shape)
• Surface ornamentation
• Combination of both
• Graphical User Interfaces (GUI)

This article breaks down each type, offers examples, and helps you decide which is right for your product.

Understanding Design Patents

Design patents cover the appearance of a product—what someone sees when they look at it. Unlike utility patents, which protect how something functions, design patents protect visual features only.

To be eligible, the design must be:

• New (not previously disclosed)
• Original (created by the inventor)
• Ornamental (not functional)
• Non-obvious (not an obvious variation of existing designs)
• Visible (during normal use)

Applications must include detailed drawings showing the product from multiple views. These drawings are the foundation of the patent’s legal protection, so accuracy matters. Design patents have one formal claim: the visual design shown in the drawings. There’s no written claim language like in utility patents.

Type 1: Design for Configuration or Shape

This type of design patent protects the three-dimensional form of a product. It focuses on the contours, angles, and silhouette. Think of products whose shape is iconic—even without a logo, you’d still recognize the brand.

Examples include:

• The contour of the Coca-Cola bottle
• The shape of Apple’s original iPhone
• Tesla’s vehicle designs, such as headlights or body curves

Let’s say you invented a uniquely curved computer mouse. Even if it functions like any other mouse, if the shape is distinctive, you could seek protection with a configuration design patent.

Configuration-based protection is commonly used in consumer electronics, industrial design, and tools. It’s especially valuable when the product’s form contributes to its visual identity or consumer appeal. Drawings must show all angles: front, back, sides, top, and bottom. This ensures the USPTO can fully examine the visual aspects of the claimed shape.

Examples of Shape-Based Design Patents

• Apple’s D618,677 patent, covering the iconic shape of the iPhone, helped Apple win lawsuits against competitors. The design was so recognizable that other companies releasing similarly shaped phones were ruled to have infringed on Apple's rights—even though the functions were the same.

• Another example: Dyson’s vacuum designs often include shape-based patents to protect their futuristic curves and airflow systems. Even if the suction technology is similar to other brands, the unique look sets them apart—and is protected accordingly.

Type 2: Design for Surface Ornamentation

This type protects visual designs applied to a product’s surface. It doesn’t cover the shape, just the decoration—like a pattern, engraving, or printed design.

Imagine a plain T-shirt with a unique pattern printed on the front. If the shape of the T-shirt is generic but the printed design is original, you could protect the pattern with a surface ornamentation patent.

These types of patents are common in:

• Fashion (clothing prints, shoe patterns)
• Packaging (labels, embossing)
• Electronics (custom faceplates, decorative grilles)

Designs must be integrated with the product and visible during use. They can’t be stand-alone graphics, like logos or illustrations by themselves. When submitting drawings, broken lines are often used to indicate the unclaimed product body, while solid lines show the ornamented area being protected.

Common Industries for Ornamentation Patents

• Companies like Nike frequently patent surface patterns found on their shoes. Even if the shoe structure isn’t new, a unique overlay design—such as a swoosh pattern integrated with stitching—can be protected.

• In home décor, wallpaper patterns and lamp base engravings often qualify. These designs influence buyer preference even when the underlying product is standard.

• Surface ornamentation allows companies to visually distinguish their products without altering the core structure or function.

Type 3: Combined Configuration and Ornamentation

This type of design patent protects both the product’s shape and surface design together. It’s used when the full visual impact comes from the combination.

For example, a luxury wristwatch might have a distinctive casing shape and a patterned faceplate. Individually, the shape or pattern may not stand out—but together, they create a unique design.

Brands in fashion, luxury, and consumer electronics often file this type to maximize protection. If you’ve designed a smartwatch that has a custom-shaped case and a unique arrangement of color gradients or buttons, you’d file for a combined design patent.

These patents require more detailed drawings showing both the contours and surface features from multiple views. The claim is based on how the two elements work together visually.

Real-World Applications of Combined Design Patents

Apple’s watch designs are typically filed as combined patents, protecting both the curved glass casing and the on-screen layout when the device is off. This ensures the company can block competitors from copying either aspect when combined.

Luxury brands like Gucci and Louis Vuitton frequently file combined design patents for handbags and shoes. The distinct combination of shape and decorative fabric creates an exclusive look that merits full protection.

Combined designs offer broader coverage and can be more enforceable in court if challenged.

Special Category: Graphical User Interface (GUI) Design Patents

Graphical User Interface (GUI) patents are a modern and growing category. They protect the layout and appearance of digital elements—like screens, buttons, and icons.

Let’s say you create a new fitness app. If your dashboard layout, icon placement, or animations are visually unique, you can protect that design with a GUI patent. GUI patents are critical in tech, especially mobile and desktop software, wearables, and smart appliances.

To qualify, the interface must be shown within the context of a physical device, like a phone or tablet outline. Drawings must include static screen images and may use dashed lines to indicate non-claimed areas.

Examples of GUI Design Patents:

• Google patented its homepage layout, protecting the clean central search bar and minimalist buttons.
• Samsung and Apple have clashed in court over icon layouts and interface animations.
• Banking apps often patent dashboard screen layouts to protect user experience design.

Protecting the interface design ensures brand consistency across digital platforms and can prevent copycat apps from confusing users.

How Design Patents Differ from Utility Patents

While design patents protect appearance, utility patents protect function.

For example, if you invented a smart speaker:

• The utility patent would cover the voice recognition system.
• The design patent would cover the unique outer casing shape or LED pattern.

Design patents are simpler, faster, and less expensive to obtain, but they only protect against visual copying. Utility patents take longer and cost more but provide deeper protection around how a product works. Most innovative products benefit from filing both, ensuring complete intellectual property coverage.

Choosing the Right Design Patent Type for Your Product

Here’s how to decide what kind of design patent to file:

• If your product’s shape is distinctive: choose a configuration patent.
• If the surface has a unique pattern or finish: go for ornamentation.
• If both the shape and decoration are important: file a combined patent.
• If you’re designing software or screen layouts: use a GUI design patent.

Also consider your market:

• Fashion, home goods, and packaging lean toward surface ornamentation.
• Tech, automotive, and industrial design often require shape or GUI protection.

Before filing, consult a patent illustrator to prepare accurate, USPTO-compliant drawings. Small mistakes in these visuals can delay or derail your application.

FAQs

1. Can I file for more than one design patent type?

Yes. You can file multiple design patents for different aspects of the same product.

2. Can I file for both a utility and design patent?

Absolutely. Many products are covered by both to protect how they look and how they function.

3. Do I need a prototype?

No. You only need detailed and accurate drawings that represent your design.

4. What if someone makes a similar design?

If your design is protected and their product is visually similar, you may have grounds for legal action.

5. Are logos protected under design patents?

Only if they’re used decoratively on a product. For brand rights, you should also register a trademark.

Conclusion

Design patents are a powerful tool for protecting your product’s appearance in the marketplace. They help establish your visual brand identity and prevent others from copying your look.

By understanding the different types—configuration, surface ornamentation, combination, and GUI—you can apply more strategically. Filing the right type of design patent gives you stronger enforcement rights and peace of mind.

Whether you’re launching a new tech gadget or designing luxury apparel, don’t leave your visual IP unprotected.

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