Design patent protection is an under-utilized tool that can provide 15 or more years of protection at a fairly reasonable cost for the new and nonobvious ornamental appearance of different articles, which can vary from consumer and industrial products to computer icons. Once a design patent is issued, one study has shown that design patents provide a higher probability for obtaining an infringement verdict and a substantially lower chance of being found invalid than utility patents.  Accordingly, where appearance distinguishes a product from others in the marketplace, design patents provide an excellent way to curtail the competition— by design.

Design patents protect the new, original and ornamental design of an article of manufacture. This is in contrast to utility patents which may cover the construction, composition or functionality of various articles as well as various processes. Accordingly, design patents may offer additional and complementary protection to utility patents. In either case, a patent is NOT a right to make, use or sell an invention. It is only the right to exclude others from making, using or selling the invention, that is granted by the government.