Design Patent: How to Protect Your Product Look in the US?
Key takeaways
As of November 2026, a US design patent protects how a product looks for 15 years from grant, with no maintenance fees. The four USPTO fees total $2,600 ($1,040 for a small entity). From July 20, 2026, applicants domiciled outside the US need a registered patent practitioner.
When and how to protect the shape of a container or package in the US
Brand owners based outside the US often ask us:
"We designed a new container shape. Can we stop a copy in the US?"
"Our trademark is registered. Does that cover the product design too?"
The short answer: a US design patent is the direct tool for protecting how a product looks in the US. Its rights extend only within the United States (USPTO design patent guide). Timing matters, and so does a 2026 rule on who may file for a foreign brand.
1. A design patent protects the look, a utility patent protects the function
The USPTO puts it plainly in MPEP 1502.01: a utility patent protects the way an article is used and works, while a design patent protects the way an article looks.
A few other differences follow from that:
- A design application has a single claim.
- Design applications are not published before grant.
- For applications filed on or after May 13, 2015, the term is 15 years from the date of grant (MPEP 1505).
- There are no maintenance fees.
For a cosmetics or food brand, the design patent fits the bottle, jar, cap or package shape itself. The way a pump dispenses product is a utility question.
A design patent covers how your container looks, not how it works.
2. Design patent cost: $2,600 in USPTO fees before discounts
The USPTO fee schedule lists four fees for a design patent application:
| Fee | Undiscounted | Small entity | Micro entity |
|---|---|---|---|
| Basic filing fee | $300 | $120 | $60 |
| Search fee | $300 | $120 | $60 |
| Examination fee | $700 | $280 | $140 |
| Issue fee | $1,300 | $520 | $260 |
| Total | $2,600 | $1,040 | $520 |
The discounts are not automatic. Micro entity status depends on the eligibility rules in 37 CFR 1.29, so check them before you claim it. These figures are USPTO fees only; your practitioner bills separately.
Because there are no maintenance fees, the design patent cost sits at filing and grant. A trademark works differently: its fees repeat for as long as you keep the registration. Our USPTO trademark fee post sets those out.
Budget a design patent as a one-time cost per design.
3. The clock starts when you show the product
Under MPEP 1504.02, a disclosure by the inventor made 1 year or less before the filing date is not prior art against the application. Novelty is judged through the eyes of an ordinary observer.
Two more deadlines matter for a brand that files in Korea first:
- Foreign priority for a design lasts 6 months (MPEP 1502.01). File in the US within 6 months of the Korean filing to claim it.
- A provisional application cannot give priority for a design. That route exists for utility patents only.
Write down the date of the first public showing.
Plan the design patent application from the day you first show the product, not from the US launch date.
4. The rocket docket is gone
Older guides describe the design "rocket docket", a fast track for design applications. The USPTO suspended it on April 17, 2025, and removed it from the rules effective August 14, 2025 (Federal Register 2025-15497).
Two routes remain:
- The Accelerated Examination program, through a petition to make special with the required showing and fee.
- A petition to make special based on the applicant's age or health, with no fee.
Ignore any guide that still quotes a rocket docket fee or timeline.
5. Foreign applicants need a registered patent practitioner from July 20, 2026
Since July 20, 2026, applicants whose domicile is not in the US or its territories must be represented by a registered patent practitioner. The rule covers all application types, design included (Federal Register 2026-05564).
The same rule leaves one opening:
- A foreign-domiciled inventor who is the applicant may file the application and pay the filing fee on their own.
- Any application data sheet, and all later correspondence, must be signed by a patent practitioner.
In practice, a Korean brand should choose its practitioner before the first filing. This post is not legal advice; a registered patent practitioner should review your own case.
For a foreign brand, the practitioner is part of the filing plan, not an add-on.
6. The Hague route lets a Korean brand designate the US
The Hague Agreement is a WIPO system where one international design application can designate several countries. Korea has been a party since July 1, 2014, and the US since May 13, 2015.
According to the KIPO Hague FAQ, a Korean applicant can file through KIPO and pays the fees directly to WIPO, in Swiss francs.
A US designation brings its own requirements, per the WIPO declarations list:
- The application needs a claim and an oath or declaration of the creator.
- Publication cannot be deferred.
- The US designation fee is paid in two parts. The second part is the issue fee (MPEP 2910).
A Hague filing can reach the US, but the US designation still follows US requirements.
7. Design patent vs trade dress: which covers your product look?
Trade dress is the look of a product or its packaging that tells buyers who made it. The US Supreme Court drew a clear line in Wal-Mart v. Samara Brothers.
| Tool | What it protects | Condition | Source |
|---|---|---|---|
| Design patent | Ornamental look of an article | Application and examination | MPEP 1502.01 |
| Utility patent | How an article is used and works | Application and examination | MPEP 1502.01 |
| Trade dress, product design | Look that identifies the source | Secondary meaning must be shown | Wal-Mart v. Samara |
| Trade dress, packaging | Look of the package | Can be inherently distinctive | Wal-Mart v. Samara |
Secondary meaning means buyers link the design with one source. The Court noted that a producer can ordinarily protect such a design with a design patent or a copyright.
On Amazon, Brand Registry enrollment rests on a registered or pending trademark (Amazon). Our Amazon Brand Registry guide covers the steps. Amazon's patent evaluation program (APEX) takes registered US utility patents only; design patents are not eligible.
Protect the product shape with a design patent and the brand name with a trademark.
Wrapping up
A US design patent guards the look of a product for 15 years from grant, with no maintenance fees. The deadlines that shape your plan are 1 year from your own disclosure and 6 months from a Korean filing, and a foreign brand now files through a registered patent practitioner.
LinkONE supports Korean brands with Amazon US store setup, from seller account registration and listing optimization to inventory management and Amazon Ads. Design patent filing itself is done by a registered patent practitioner.
In the end, the design patent timeline starts the day you first show the product.
Frequently Asked Questions
What does a US design patent protect?
A US design patent protects the ornamental look of an article. It does not protect how the product works; that is the job of a utility patent (MPEP 1502.01).
How long does a design patent last?
A design patent lasts 15 years from grant for applications filed on or after May 13, 2015 (MPEP 1505). There are no maintenance fees.
How much does a design patent application cost at the USPTO?
The filing, search, examination and issue fees total $2,600 undiscounted, $1,040 for a small entity and $520 for a micro entity (USPTO fee schedule). Practitioner fees are separate.
Do foreign applicants need a registered patent practitioner?
Yes. From July 20, 2026, an applicant domiciled outside the US or its territories must be represented by a registered patent practitioner, for design applications too (Federal Register 2026-05564).
Can I claim priority from a Korean design filing?
Yes, if you file in the US within 6 months of the Korean filing (MPEP 1502.01).
Sources
- USPTO, MPEP 1502 Design patents
- USPTO, Fee schedule
- Federal Register 2025-15497, Eliminating expedited examination of design applications
- Federal Register 2026-05564, Required use by foreign applicants of a patent practitioner
Fees and rules in this post are as of November 2026.
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