Design Patents: Your Secret Weapon in Today’s Copycat Economy

In an era where product knockoffs surface faster than ever, smart businesses have discovered an underutilized but powerful form of intellectual property protection: design patents. While many companies focus solely on utility patents and trademarks, they may overlook a cost-effective legal shield that could be the difference between market leadership and watching rivals capitalize on their innovations.

What are Design Patents?

Unlike utility patents, which cover how an invention functions or works, design patents protect the unique visual appearance of a product—its shape, surface ornamentation, and overall aesthetic design. Notably, design patents do not have to cover the entire product – they can protect specific portions or components that safeguard the ornamental, non-functional aspects that make a product visually distinctive and recognizable in the marketplace. Think of iconic examples like the silhouette of a Coca-Cola bottle, the sleek rectangular form of an iPhone, or the distinctive grille design of a Jeep or BMW. These visual elements don’t affect how the product operates, but they create powerful brand recognition and consumer appeal. Design patents provide companies with exclusive rights to prevent competitors from copying the distinctive appearances.

Design Patents Are Booming

As demonstrated in the following chart, design patent filings have exploded in recent years (2025 is projected to reach 68,000).

Design patent filings shattered records in 2024, reaching an unprecedented 63,000 applications—the highest single-year total in USPTO history. The data demonstrates a filing explosion: from 25,500 in 2009 to 63,000 in 2024 – a staggering 147% increase in just 15 years. That is a fundamental shift in intellectual property strategy.  

Competitive Landscape Focus

The surge reflects a growing recognition among savvy businesses that protecting product appearance can be just as crucial as protecting functionality. Companies are racing to protect their visual innovations before competitors exploit their design.

Powerhouse companies have been leading the charge. Nike secured 838 design patents in 2024 (up 22% from the previous year), while tech giants like Apple and Samsung continue to build massive design patent portfolios. These aren’t legal afterthoughts—they’re strategic business weapons.

How Design Patents Pack a Punch

Design patents safeguard how something looks. In our visually-driven marketplace, this distinction can be everything. In May 2018, a jury in the U.S. District Court for the Northern District of California awarded Apple over $533 million in damages for Samsung’s infringement of three Apple design patents covering portions of Apple’s iPhone and iPad designs, plus about $5 million for utility patent infringement. That sent shockwaves through the business world: product appearance isn’t just important – it can be worth millions of dollars.

The litigation numbers also tell a compelling story. There was a 35% increase in design patent lawsuits from 2023, with over 450 cases filed in 2024, highlighting sustained growth. 

Moreover, the legal winds have shifted dramatically in favor of design patent holders. Recent Federal Circuit decisions demonstrate courts’ willingness to award substantial damages and injunctive relief. Companies are increasingly using design patents as both offensive weapons and defensive shields, creating comprehensive IP portfolios that make competitors think twice before blatant copying.

The Smart Money Advantage

Here’s where design patents become irresistible for budget-conscious innovators: they’re fast, affordable, and can be potent against copying. Whereas utility patents often require a significant financial investment and several years to secure, design patents generally are just a fraction of the cost and are usually granted in a shorter timeframe.

Even better: there are no maintenance fees. Once granted, the 15-year protection for a design patent runs without additional USPTO costs, unlike utility patents that require thousands in maintenance fees.

The Window is Now

Smart businesses recognize that in today’s fast-moving markets, product appearance often drives purchasing decisions. Whether you’re launching a revolutionary product design, a distinctive package, or a unique user interface, design patents can offer powerful, affordable protection.

The bottom line: In an economy where copying is easier than creating, design patents are more than just legal protection – they are business insurance for your competitive edge.

John P. Guenther is a partner at Fishman Stewart and a nationally recognized intellectual property attorney, honored as an “IP Star” by Managing Intellectual Property, as well as being included in “Best Lawyers in America,” “Leading Lawyers,” and “Super Lawyers.”

John is highly regarded for his deep expertise in patent and trademark strategy, prosecution, and enforcement. Clients from startups to Fortune 500 companies rely on his counsel for building robust IP portfolios, and clearing, protecting and leveraging product designs, brands, and other intellectual property assets worldwide.

Excellence Recognized: Seven Fishman Stewart Attorneys Named to Best Lawyers® Lists

Fishman Stewart is proud to announce that seven of our attorneys have been recognized in the 32nd edition of The Best Lawyers in America®, a prestigious honor based entirely on peer review. Firm co-founders Michael D. Fishman and Michael B. Stewart continue their longstanding recognition, joined by Julie A. Greenberg, John P. Guenther, and Barbara L. Mandell for their excellence across multiple intellectual property practice areas. Kameron Bonner advanced to the main Best Lawyers® list in two categories, while Kristyn Webb earned her second consecutive Ones to Watch® distinction. These accolades underscore our team’s ongoing commitment to delivering exceptional IP counsel at both the national and global level. Congratulations to all!