8144 / What is a design patent?
A design patent covers a new, original, and ornamental design of an article for a period of 15 years.1 Historically, design patents were thought to be of relatively minor, marginal importance. However, in recent years the value of design patents has grown exponentially. First, in 2008, a Federal Circuit decision, Egyptian Goddess v. Swisa,2 made it easier for a design patent owner to establish infringement by one whose product used the same or a similar design.
Second, and resulting from the holding of Egyptian Goddess, companies started obtaining more and more design patents and enforcing them. For example, in the Apple-Samsung litigation, Apple relied heavily on design patents which covered not only the static design of its devices, but also the on-screen graphic user interfaces.
1.Previously 14 years. Extended to 15 years, effective December 18, 2012, PL11211, 112th Cong., 2nd Sess., 2012, § 102(7).