Key Takeaways

  • The U.S. design patent grace period allows inventors to file for a design patent within 12 months of their own public disclosure without losing patent rights.
  • Only the inventor’s or a joint inventor’s disclosure qualifies under this exception—third-party disclosures do not trigger the grace period unless they originated from the inventor.
  • The U.S. has a first-to-file system, so even with a grace period, early filing is crucial to preserve rights.
  • Disclosures outside the U.S. may invalidate protection in foreign jurisdictions that lack a grace period.
  • Grace periods differ significantly among countries, so international patent strategy must be carefully coordinated.
  • Best practice: File before any public disclosure whenever possible to maximize global patent protection.

The design patent grace period generally refers to the one-year period prior to the effective filing date. Disclosures that the inventor made before that time won't be considered prior art.

Registered Designs

Design patents protect an article's ornamental appearance, which may include the article's configuration or shape, as well as its surface ornamentation.

Design patents are required to be the following:

  • Novel
  • Non-obvious
  • Ornamental

Designs must be non-obvious, meaning that at the time of filing for a patent, they can't have been obvious to other designers. The product's appearance has to be ornamental. Unlike trade dress law, items submitted for design patents don't have to be functional.

Design patents closely resemble the rights afforded in jurisdictions under the following names:

  • Industrial design
  • Registered design
  • Design model

Patent law statute governs design patents.

The U.S. Patent and Trademark Office (USPTO) conducts a full examination of design applications, including searching for and analyzing prior art. Design patents are required to satisfy many of the same requirements that utility patents must satisfy, including sufficient disclosure. In comparison to utility patents, which protect functional concepts and ideas, design patents protect a product's outward aesthetic appearance.

Understanding the U.S. Design Patent Grace Period

The U.S. design patent grace period refers to a 12-month window during which an inventor can publicly disclose their design without losing the right to file a U.S. design patent application. This grace period is codified under 35 U.S.C. § 102(b) and is specific to disclosures made by the inventor or originating from the inventor.

Importantly, this rule helps protect inventors who display, publish, or otherwise reveal their design before filing—so long as the application is submitted within one year of that disclosure. However, this provision only applies to U.S. design patents; many foreign countries do not recognize such grace periods.

To qualify for the U.S. grace period:

  • The disclosure must be by the inventor or someone who obtained the information from the inventor.
  • The application must be filed within 12 months of the public disclosure date.

Failing to meet either condition can result in the design becoming unpatentable due to prior art.

Preparing an Application for a Design Patent

To obtain a design patent, you'll start with filing a patent application with the USPTO. If you're the inventor, you may apply, or an assignee of the patent application can apply.

The application must typically include the following:

  • Title
  • Figures
  • One claim
  • List of all inventors and their signed declaration
  • Specification, or brief description of figures

U.S. law requires inventors to be named on the application. Design patent applications only have one claim, unlike applications for utility patents.

If the application has more than one inventive concept, the applicant must elect just one concept and cancel any others. Unelected concepts may be pursued in divisional applications. Applicants will have to file and prosecute those separately. Applicants who choose not to pursue all concepts may face certain legal consequences.

The focal point of the application process for design patents is the drawings. Legally, the application must have a sufficient number of views in order to have complete disclosure of the design's appearance.

This typically means that the application includes depictions of the following:

  • Top
  • Front
  • Bottom
  • Rear
  • Left side
  • Right side
  • Perspective views

Sometimes, applicants may have to include additional views to fully disclose the design.

When two views are mirror images, such as both side views, you only have to depict one view. In your specification, you can explain that the other view is the same, or a mirror image. For views that wouldn't be seen in ordinary use, like the bottom of a large object such as a car or refrigerator, applicants can omit these, as long as they include an appropriate explanation in the specification.

Applicants don't need to claim the entire article, but they must depict the whole article.

A claim's scope is primarily conveyed in the figures' lines and shading. Lines may be broken or solid. Solid lines show the claimed design, and broken lines usually are meant to define boundaries or show visible environmental structure.

Broken lines that are even in length, such as dashes, depict environmental structure related to the claimed design but don't form part of that design. Broken lines that are uneven, such as dash-dot lines, define boundaries that show where a boundary doesn't actually exist but make it understood that the design extends to the boundary.

Applicants should also include shading, which shows contours of shapes or the article's character. In U.S. applications, surface shading is usually more common. Some other countries either don't require shading or outright prohibit it in applications.

Patents, like trademarks and copyrights, provide important intellectual property protections for their owners. Applying for patents is a time-consuming, costly process. To make your filing run as smoothly as possible, it's important to follow all application rules.

You may also want to consult with an expert in the patent law field if you have any questions about how to apply for a design patent. Once you obtain IP protection, you have exclusive rights to your creation for a set period of time.

Best Practices for Using the U.S. Grace Period

While the U.S. grace period offers protection, relying on it can be risky, especially for inventors seeking international protection. To reduce the risk of losing rights:

  • File before disclosure whenever possible.
  • If disclosure is necessary (e.g., for marketing or fundraising), document it clearly and plan to file within the 12-month window.
  • Keep records of who disclosed, how, and when, to prove the disclosure came from the inventor.
  • Consider filing a provisional application or design application in the U.S. before any public exposure.

Also, be mindful of foreign filing rights. If you plan to file outside the U.S., coordinate with a patent attorney to ensure no public disclosure jeopardizes those rights.

What Counts as a Public Disclosure Under the Grace Period?

Not all disclosures are treated equally. For the grace period to apply, the disclosure must be:

  • Made public—for example, publishing online, presenting at a trade show, or displaying in a store.
  • Traceable directly or indirectly to the inventor.

Examples of qualifying disclosures:

  • A blog post written by the inventor showing the design.
  • A presentation at a public conference by the inventor.

Non-qualifying disclosures:

  • A third-party blog post not sourced from the inventor.
  • Independent publication by someone who saw the design but did not obtain the information from the inventor.

If the public disclosure was made anonymously or by a third party without consent or traceability to the inventor, the grace period does not apply, and the disclosure may count as prior art.

Grace Period Implications for U.S. and International Filings

While the U.S. offers a 12-month grace period, this leniency is not recognized in many foreign jurisdictions. Countries like those under the European Union Intellectual Property Office (EUIPO), China, and others follow absolute novelty standards, which require the design to be new at the time of filing—any public disclosure beforehand could permanently bar protection in those countries.

Key considerations:

  • If international protection is desired, it’s safest to file before any public disclosure.
  • Disclosures through trade shows, websites, or social media can be fatal to patentability abroad if not preempted by filing.
  • Even in the U.S., the grace period should not be viewed as a strategic delay tool—it is a safety net, not a recommendation.

Frequently Asked Questions

  1. What is the U.S. design patent grace period?
    It’s a 12-month window allowing inventors to file a design patent application after publicly disclosing their design, without losing U.S. patent rights.
  2. Does the grace period apply internationally?
    No. Most countries do not offer a grace period. Public disclosure before filing could void foreign patent rights.
  3. What kinds of disclosures qualify for the grace period?
    Only disclosures made by the inventor or derived from the inventor—such as presentations, publications, or online posts—qualify.
  4. Can third-party disclosures trigger the grace period?
    Only if the disclosure was obtained from the inventor. Independent third-party disclosures do not qualify and may be considered prior art.
  5. What’s the safest way to protect my design globally?
    File your design patent application before making any public disclosure to ensure maximum protection in both the U.S. and abroad.

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