Key Takeaways

  • The current design patent term in the U.S. is 15 years from the date of grant for applications filed on or after May 13, 2015.
  • No maintenance fees are required during the life of a design patent, unlike utility patents.
  • Filing under the Hague Agreement allows streamlined international protection and filing up to 100 designs in one application.
  • The 12-month grace period to file a design patent begins upon public disclosure of the design.
  • Design patents only protect ornamental design, not functional features, and infringement must occur during the active term.
  • Once expired, a design patent cannot be renewed or extended, and the design enters the public domain.

What is a Design Patent Term?

The design patent term is 15 years from the date you file an application. In 2015, the design patent term changed from 14 years to 15 years. The longer term applies to any applications filed on or after May 13, 2015.  Be aware, however, that some websites report that the change began effective December 18, 2013. The confusion based on the Federal Register's original announcement that the change would be effective on the later of December 19, 2013 or three months after the US deposited a paper at WIPO in relation to the Hague Convention. It wasn't until February 13, 2015 that the deposit was finally completed, which means that he change did not take place until three months after,  making it May 13, 2015. 

Design patent holders and applicants along with legal experts worked to present the case to extend the design patent term. Several years before it passed, Congress passed an act titled Patent Law Treaties Implementation Act. The result was the U.S. becoming a member of the Hague Agreement for the Registration of Industrial Designs. As the title suggests, this membership relates to design patents.

The international treaty of the Hague Agreement establishes specific rules for filing design patents. It also allows U.S. residents to file for international design patents.

Prior to the creation of the Hague Agreement for the Registration of International designs, the processes were very different. Countries had unique requirements and documentation. This made it difficult or even impossible to review design patents held around the globe. This agreement simplified and standardized those requirements.

Another step in the process of the U.S. becoming a member was providing ratification instruments to the World Intellectual Property Organization (WIPO). Following a three-month waiting period, the U.S. was accepted into the group.

The membership in Hague comes with several benefits for U.S. inventors and designers.

  • Increased the term from 14 to 15 years
  • Design application is standard and easy to use
    • Applicants can file for up to 100 designs on a single application

Some other countries don't review patent applications as extensively. However, the United States Patent and Trademark Office (USTPO) reviewers will continue to review all applications carefully.

This change also played a role in other countries, such as China, South Korea, Canada, and Japan, who are possibly joining Hague. 

How Is the Design Patent Term Measured?

Design patents granted from applications filed on or after May 13, 2015, last for 15 years from the date of grant, not the date of application. This distinguishes them from utility patents, which last 20 years from the filing date but require periodic maintenance fees.

For applications filed before May 13, 2015, the term is 14 years from the grant date. This shift was part of the U.S. joining the Hague Agreement. Unlike utility patents, design patents do not require any maintenance fees during the term, offering a significant financial advantage over time.

Why is the Design Patent Term Important?

It's important to know the design patent term when applying for a design patent. After a patent expires, other companies and individuals can start replicating the unique ornamental design of a product, so the design patent term is the only period of time that a designer has to make money off of the design.

If you're looking to create a new design, you also need to review existing design patents. It's crucial to avoid infringing on a design patent. If you do, you put yourself and your company at risk of legal action. You can review the design patent term to see how much longer it will be in effect. This will help your company decide when to start producing a similar item.

What Design Patents Protect (and What They Don’t)

Design patents protect the ornamental appearance of an article, not its functionality. This means that even if the functional aspects are identical, as long as the visual design is different, there is no infringement. Conversely, a visually similar product could infringe even if it operates differently.

Design patents are ideal for:

  • Consumer product shapes (e.g., bottle designs)
  • User interfaces (UI icons, screen layouts)
  • Packaging aesthetics

They do not cover:

  • Structural or functional aspects (covered by utility patents)
  • Methods of use or processes

Knowing this helps you determine whether a design patent is the correct form of protection for your intellectual property.

Deadline

The deadline of the design patent term expires after 15 years. The term starts on the filing date of the application. It can take several years to receive approval on a design patent, but the filing date is still when the term begins.

You also have a deadline to apply for a design patent. Similar to other types of patents, the deadline is 12 months. The timeline of 12 months occurs after you first publicly introduce the design on the market. If you show it at a trade show or publish information about it or an image of the design in a publication, this counts as public introduction.

International Protection and the Hague System

With the U.S. joining the Hague Agreement for the International Registration of Industrial Designs, inventors can now file a single international design application to seek protection in multiple member countries. This provides several benefits:

  • Simplified filing procedures
  • Protection in up to 96 countries
  • Ability to include up to 100 different designs (if they belong to the same class)
  • A single set of formal requirements

However, not all countries examine design patents as thoroughly as the USPTO. U.S. examiners continue to conduct substantive examinations for design patent applications, ensuring a higher standard of scrutiny.

What Could Happen When You Don't Understand the Design Patent Term?

Many inventors don't realize that a design patent has a term. After the 15-year period, the patent expires. Upon expiration, you cannot renew a patent. It simply becomes public domain.

It may take a few years to get design patent approval. But once you do, you can share your unique ornamental design as much as possible to capitalize on it.

During the term of your design patent, you should also focus on possible infringements. If another company or person tries to copy your idea, you can take legal action. However, if you wait too long, the design patent term might end. At the end of the term, you no longer have the option to sue an infringer.

Common mistakes

One mistake that an inventor might make is waiting too long to file for a design patent. This could result in not being able to file for patent protection at all. The 12-month period is strict, although there are some options to pay fees for extensions. As soon as you have an idea, start looking into design patents that already exist. This could help you know whether your idea qualifies for a design patent.

Another common mistake is failing to file a suit for patent infringement during the design patent term. Taking legal action against another entity is not easy, but if the infringement is impacting your ability to sell the item, it's definitely worth it. You can qualify for damages, or funds paid by the infringing company, that cover your lost money and financial strain.

Often, people are not aware that they don't need to worry about maintaining the design patent pending throughout the 15 year term once their design patent is issued.  Design patents are quite different from utility patents in terms of maintenance fees. To keep a utility patent current and out of the public domain, there are maintenance fees that increase at 3.5, 7.5 and 11.5 years. 

The last common mistake is not having a clear understanding of the design patent term. At the end of the 15-year term, the patent expires and you no longer own the rights to the design.

What Happens When a Design Patent Expires?

Once the 15-year design patent term expires, the protection ends permanently. This means:

  • The design enters the public domain, allowing anyone to make, use, or sell products with the same design.
  • There are no renewal or extension options for design patents in the U.S.
  • The former patent holder loses exclusive rights and cannot enforce infringement actions based on the expired patent.

It’s crucial to plan product launches and branding strategies to maximize commercial value during the patent term. Once the patent expires, competitors may legally replicate the design.

Steps to File

Filing for a design patent term involves submitting a design patent application. Use the application from the USTPO and follow the detailed instructions. This guide will help you see exactly what you need to include with your application.

Some designers opt to work with a patent attorney to submit the application on their behalf. This does cost more but save you time and stress.

International Considerations for Design Patents

If your product will be sold globally, you might consider filing for design protection abroad through the Hague System or directly in foreign patent offices. Design terms vary:

  • European Union: Up to 25 years (renewable every 5 years)
  • Japan: 25 years from the filing date
  • China: 15 years
  • Canada: 15 years from the filing date

Be aware that requirements and durations can differ significantly, so strategic filing based on target markets is advised. An intellectual property attorney can help navigate international filings and deadlines.

Frequently Asked Questions

  • How long does a design patent last in the U.S.?
    15 years from the date of grant for applications filed on or after May 13, 2015. No renewals or maintenance fees are required.
  • Can a design patent be extended or renewed?
    No, once a design patent expires, it cannot be renewed or extended.
  • How is a design patent different from a utility patent?
    Design patents protect the ornamental appearance of a product, while utility patents protect functional aspects. Design patents have a shorter term and require no maintenance fees.
  • What happens if I disclose my design before filing?
    You must file within 12 months of public disclosure (e.g., showing it at a trade show or posting online) or you risk losing patent eligibility in the U.S.
  • Can I file for international design protection?
    Yes, through the Hague Agreement, U.S. applicants can file one application for multiple countries. Terms and rules vary by country.

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