Design Patents

By: Josh Sloat

What are design patents?

When most people think or speak generally about patents, they’re really talking about utility patents – or patents that are primarily concerned with how an invention is used and how it works. But as it turns out, this is just one specific type of patent on the complete menu of options available for protecting your innovations. Another option, called a design patent, exists to – additionally or alternatively – protect the appearance of your invention. 

Design Patents and Your Moat

Whether you find yourself in an either/or or a both situation, it’s important to consider all tools at your disposal in covering every uniquely protectable functional and visual aspect of your inventions. This is often referred to as building a moat around your business. In this month’s IP Market Insights Newsletter, former guest of the podcast, Louis Carbonneau, wrote that:
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​Morningstar’s research has consistently shown that companies with wide economic moats — those with defensible advantages expected to last 20 years or more — dramatically outperform those without. When Buffett said he looks for “economic castles protected by unbreachable moats,” he wasn’t being quaint.

​We couldn’t agree more. Design patents play a critical role in your broader portfolio and in making your moat as wide and unbreachable as possible. This is why we’ve enlisted the help of our very own Dr. Tiffany Miller to guide us through all of the do’s and don’ts. As you’ll hear today, Tiffany has some very unique and practical insights into how even the most nuanced aspects of design patents can significantly impact infringement cases.

Episode Overview

Tiffany is a Patent Strategist here at Aurora and is making her Patently Strategic hosting debut, leading today's discussion with our all-star patent panel, delving deeply into all things design patents. Along the way, Tiffany and the panel discuss:

• The definition, term, and features of design patents.
• How design patents compare with utility patents.
• Obviousness implications for the patent office and the courts – including what to possibly make of the courts wiping the case law slate clean on design patent obviousness back in 2025.
• And some really great interactive panel discussions around real-world design patent examples and how courts have weighed in on patentability. 

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Mossoff Minute: Loss of American Leadership

In this month's Mossoff Minute, Professor Adam Mossoff discusses the unfortunate loss of American leadership on the international stage in terms of defending the fundamental rights and rules for how we protect patents. Month in and month out, Adam paints a very vivid picture of what I think can best be described as economic suicide if we don’t course correct. In the coming months, we’ll also explore how the system's attributes that are under constant attack are the very ones that gave rise to its profound success. It’s easy to get lost in the barrage of noise we’re bombarded with daily, but these are some of the most important things that not nearly enough people are discussing. 

How to Listen

Patently Strategic is available on all major podcasting directories, including Apple Podcasts and Spotify. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
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Resources.

To further explore the topics discussed, see the following past episodes and resources:

Related Episodes

• Patent Monetization. Discusses how to build the most valuable patents, including the importance of your moat. 
• Dealing with Rejection. Overview of how to handle all types of application rejection, including obviousness. 

Related Reading

• Patent Anatomy. In addition to explaining the parts of a patent, it provides an overview of the different types of patents and when they apply. 
• How Long Do Patents Last? Provides an overview of how long each type of patent lasts (it's "term"). 
• Patent Profanity. In addition to "somewhat" (discussed in this episode), there is a very long list of words you should never use in a patent application, no matter the type.

Transcripts​
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​Slides
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