📅 2026 Update: Key Changes in Design Patent Regulations

Since the original article was published, several important changes have occurred in the landscape of design patents. The U.S. Patent and Trademark Office (USPTO) has updated various fees, application processes, and guidelines.

This update will highlight these changes that are particularly relevant to anyone interested in design patents. The earlier article continues further down the page for more foundational information.

🏷️ Updated Patent Fees

On January 19, 2025, the USPTO adjusted its patent fees. This included the introduction of new fees, such as those for After Final Consideration Pilot 2.0 requests. Additionally, there was a targeted increase to the patent term adjustment fee and new terminal disclaimer tiered fees.

⏳ Changes in Processing Times

As of May 18, 2026, the USPTO reported a 28% reduction in unexamined design patent applications compared to the previous year. The average time for a first action has also improved, decreasing from 16.9 months to 14 months. This shift reflects a more efficient examination process.

❌ Expedited Examination Eliminated

On August 14, 2025, the USPTO eliminated expedited examination for design applications. This decision was made to combat fraud and reduce the backlog of applications. All requests submitted after this date will be affected.

📄 New Guidance on Computer-Generated Designs

On March 13, 2026, the USPTO published guidance for examining design patent applications related to computer-generated interfaces and icons. This guidance clarifies patent eligibility and specifies the drawing requirements for these types of designs.

🤖 Role of Generative AI in Design Patents

On March 31, 2026, the USPTO released an IP Policy Bulletin discussing generative AI's impact on design patents. This bulletin explores how AI can influence creative workflows and the considerations surrounding intellectual property.

📌 Key Takeaways

  • 🏷️ Patent fees were updated in January 2025.
  • ⏳ Processing times for design patents have improved significantly.
  • ❌ Expedited examination was eliminated in August 2025.
  • 📄 New guidance was published for computer-generated design patents.
  • 🤖 The USPTO is exploring the impact of generative AI on design patents.

💡 Tips for Navigating Design Patents

Reviewing your specific situation with an attorney is essential to ensure proper guidance on design patents.

📑 Understand Design Patent Requirements

A design patent must protect the ornamental design of an article. It should be original and not primarily dictated by the article's function. Knowing these requirements is crucial for a successful application.

🖼️ Prepare Accurate Drawings

Your application must include a drawing or a black and white photograph of the claimed design. Ensure these illustrations comply with 35 U.S.C. 112 to avoid delays.

📝 Include All Necessary Elements

A design patent application requires a preamble, a single claim, and an executed oath or declaration. Make sure all these elements are correctly included to prevent rejection.

👩‍⚖️ Be Aware of New Fees

Keep track of the updated patent fees that took effect in January 2025. Understanding these fees will help you budget for your application and any potential amendments.

⏳ Anticipate Processing Times

With the recent improvements in processing times, expect initial reviews to take around 14 months. Planning ahead can help you manage expectations for when you might receive feedback.

📚 Utilize USPTO Resources

The USPTO offers comprehensive guides and resources on design patent applications. These can help clarify definitions, eligibility, and application procedures.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services in the design patent area met the review threshold for this section. Instead, here are free government and nonprofit resources that can assist with design patents.

🥇 1. USPTO Resources

The USPTO provides a range of guides and resources for design patent applications. These materials cover definitions and eligibility, making them useful for applicants. The resources can help users understand the application process clearly.

🥈 2. IP Policy Bulletin

The USPTO's IP Policy Bulletin discusses the role of generative AI in design patents. It offers insights into current trends and considerations which can benefit inventors. This bulletin helps users stay informed about evolving standards in the field.

🥉 3. Design Patent Application Guide

The USPTO has a comprehensive guide dedicated to design patent applications. This guide details essential elements, application procedures, and eligibility requirements. It serves as a valuable resource for anyone looking to file a design patent.

4️⃣ Manual of Patent Examining Procedure (MPEP)

The USPTO's Manual of Patent Examining Procedure has been updated to reflect changes affecting patent examining policies. These updates are essential for understanding current application practices. The MPEP is a useful tool for applicants seeking clarity on procedural updates.

🔎 Important Considerations Before Paying for Help

  • 👁️ Check for free resources before seeking paid assistance.
  • 📃 Ensure the provider has expertise in design patents.
  • 💬 Read user reviews to gauge reliability.
  • 🕒 Confirm timeliness in response and services offered.
  • 🧾 Look for transparent pricing with no hidden fees.

❓ Frequently Asked Questions

🤔 What are the eligibility requirements for a design patent?

A design must be original and not primarily dictated by the function of the article. It must also have ornamental characteristics applied to an article of manufacture.

🚫 What changes occurred regarding expedited examination?

The USPTO eliminated expedited examination for design applications starting August 14, 2025. This aims to address concerns related to fraud and backlogs.

📊 How have processing times changed recently?

As of May 18, 2026, the USPTO reported a 28% reduction in unexamined design patent applications. The first action pendency has dropped to 14 months.

📅 When were the new patent fees implemented?

The updated patent fees took effect on January 19, 2025. This included new fees and adjustments to existing fees.

🖊️ What elements must be included in a design patent application?

A design patent application must contain a preamble, drawings or photographs, a single claim, and an executed oath or declaration.

🖥️ How is generative AI affecting design patents?

The USPTO published a bulletin on March 31, 2026, exploring generative AI's impact on design patents. It discusses how AI reshapes creative workflows and intellectual property considerations.

⚖️ Recent Cases Impacting Design Patents

Recent court rulings highlight important aspects of design patents and their legal implications. These cases examine eligibility, infringement, and the interpretation of design patent laws in various contexts.

For more insights, feel free to browse more rulings on the news page.

End of October 2026 Update





Preparing and submitting a design patent application to the United States Patent and Trademark Office (USPTO) should be done carefully and thoroughly. In most cases, this requires knowledge of United States intellectual property law and the procedural practices of the USPTO. The main element of the design patent application should be primarily focused on the presentation of the design through detailed photographs and drawings. Without proper and concise visual elements, a design patent application would be invalid and would result in a rejection notice from the USPTO. The other elements of the design patent application are also important for application approval.

The elements which should be included in a successful design patent application are:

1. A preamble which should have the name of the applicant, the title of the submitted design, and a brief description of the intended use of the article in which the design is contained in.

Elements of a Design Patent

2. A cross-reference to related patent applications (may also be included in the application data sheet).

3. A statement pertaining to federally sponsored research or development.

4. A description of the figure(s) included in the drawings.


5. A detailed feature description.

6. A single claim.

7. Drawings or photographs of the design.

8. Executed oath or declaration.

Aside from the main elements above, a design patent is required to also include a filing fee, a search fee (to cover a search for possible identical designs), and an examination fee. Depending on the size of the entity, the fees mentioned above may be modified. If the applicant is a small entity, such as an independent inventor, a small business or a non-profit organization, the fees for filing a design patent application are reduced by as much as half.



Preamble:



This is the part of the application that should give brief background information about the applicant and the article being submitted to the USPTO. This includes the name of the applicant, the entity in which he or she may be a part of, the title of the design, and a brief description of the intended use of the design or the use of the article which contains the design. If the design is determined to be patentable, the contents of the preamble will be printed on the patent itself.

The Figure Descriptions:



The purpose of the figure descriptions is to describe what each view in the drawings represent. For example, a drawing may represent a front elevation view of a design. If needed, further views of the design should be included to give a full visual representation of the design. While the drawings give the proper information needed for a design patent examination, it is not discouraged to include short descriptors to accompany the drawings if needed. For example, a brief descriptor underneath a drawing can indicate that the broken lines in the drawing are not part of the actual design, clarifying that essential aspects of the design only include lines that are not broken.



A Single Claim:



A design patent application is only permitted to include one single claim which clearly defines the design intended to patented. The claim must be present in formal terms as "The ornamental design for (the article which embodies the design or to which it is applied) as shown." If there are modified forms of the design included in the patent, the claim should include "...as shown and described." as well.



Drawings and Photographs:



The drawing representations of the design patent article are the most essential and important element of the application. Every design patent application is required to include a drawing or a black and white photograph of the claimed design. It must not only be clear and complete, it should also comply with the requirements of 35 U.S.C. 112, which state that the photographs should include a "sufficient" number of views to disclose every portion of the design. Drawings should also be black ink on white paper.

Colored drawings and photographs are excepted by the USPTO, though an additional petition is required to be submitted explaining why colored photographs and drawings are essential for disclosing the design of an article. If colored visual elements are included in a design patent application and the applicant does not want the color representing the design to be an considered an essential part, a disclaimer should be included with the colored drawing or photograph.

 It should read, "The color shown on the claimed design forms no part thereof." In the absence of this disclaimer, the colored will be considered by the USPTO as part of the actual design.

Broken lines in a design drawing are used for illustrative purposes only and understood to represent parts of the environment, but are not part of the design. When they are used, they should not interfere or intrude with the actual conveyed design.



The Oath or Declaration:

The oath or declaration included with the design patent application should comply with the guidelines shown in 37 CFR §1.63.