📅 2026 Update: Changes in Design Patent Law and Procedures

Since the original article was published, there have been several important updates to design patent law and procedures. These changes affect fees, application processes, and how design patents are examined. The earlier article continues further down the page.

📝 Updated Patent Fees

On January 19, 2025, the USPTO updated patent fees. This included new fees for After Final Consideration Pilot 2.0 requests and adjustments to the patent term adjustment fee. There are now tiered fees for terminal disclaimers as well.

These changes could impact how applicants budget for their patent applications.

⏱️ Processing Times Improved

As of May 18, 2026, the USPTO reported a 28% reduction in unexamined design patent applications compared to the previous year. First action pendency has decreased from 16.9 months to 14 months. This faster processing time may help applicants receive decisions more quickly.

🎨 Guidance on Computer-Generated Designs

On March 13, 2026, the USPTO released supplemental guidance for examining design patent applications related to computer-generated interfaces and icons. This guidance clarifies what is eligible for patenting and the drawing requirements. This is important for designers using technology in their creations.

🤖 Generative AI Considerations

On March 31, 2026, the USPTO published an IP Policy Bulletin discussing the role of generative AI in design patents. It highlights how AI can impact creative workflows and IP considerations. This may influence how future design patents are examined and protected.

📌 Key Takeaways

  • New Fees: Updated fees for patent applications began on January 19, 2025.
  • Faster Processing: First action pendency decreased to 14 months as of May 2026.
  • Guidance for Tech Designs: New rules clarify patent eligibility for computer-generated designs.
  • AI Impact: Generative AI is being examined for its influence on design patents.

💡 Tips for Navigating Design Patents

Review the specifics of your situation with your attorney.

📄 Understand the Application Requirements

A design patent application must include a preamble, drawings or photographs, and a single claim. Make sure all elements are included to avoid delays.

✍️ Focus on Originality

To qualify for a design patent, the design must be original and not primarily based on the function of the article. Ensure your design meets these criteria.

⏳ Keep Deadlines in Mind

Expedited examination of design applications was eliminated on August 14, 2025. Plan your application timeline accordingly to avoid missing important deadlines.

📚 Use USPTO Resources

The USPTO offers guides and resources on design patent applications. These can help you understand definitions, eligibility, and procedures.

⚖️ Stay Updated on Policy Changes

The USPTO regularly updates its policies and procedures. Keep informed about new developments that could affect your design patents.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources.

🥇 1. USPTO Resources

The USPTO provides a variety of guides and materials about design patents. These resources cover definitions, eligibility, and application procedures. They are beneficial for anyone looking to understand the design patent process better.

🥈 2. IP Policy Bulletin

The USPTO's IP Policy Bulletin explores current trends in intellectual property, including the role of generative AI in design patents. This bulletin offers valuable insights for creators and innovators in the design field.

🥉 3. Design Patent Application Guide

The USPTO has a comprehensive guide on design patent applications. This guide details the necessary elements of an application and helps applicants ensure they meet all requirements.

4️⃣ Manual of Patent Examining Procedure (MPEP)

The MPEP provides detailed information about patent examining policies and procedures. Updates made in July 2026 reflect changes that affect how design patents are reviewed and processed.

🔎 What to Check Before Paying for Help

  • 🆓 Confirm if free resources meet your needs.
  • 📝 Review the requirements for your design patent.
  • 🕒 Check processing times to avoid delays.
  • 📑 Understand the latest fee structures.

❓ Frequently Asked Questions

🤔 What is a design patent?

A design patent protects the ornamental design of an article of manufacture. This includes its configuration, shape, and surface ornamentation.

🤷‍♂️ How do I apply for a design patent?

To apply, submit a design patent application that includes a preamble, drawings or photographs, and a single claim. Follow the USPTO guidelines for formatting and requirements.

🔍 What recent changes affect design patent applications?

Recent changes include updated patent fees, elimination of expedited examinations, and new guidance on computer-generated designs. These changes aim to streamline the application process.

📅 How long does it take to get a design patent?

As of May 2026, the first action pendency has dropped to 14 months. This means applicants may receive a decision more quickly than in previous years.

⚖️ Can I use generative AI in my design?

Yes, the USPTO is examining the role of generative AI in design patents. Guidance is being provided to clarify its impact on patent eligibility.

❓ Where can I find more resources on design patents?

The USPTO offers various resources, including guides and bulletins, to help you navigate the design patent process. Check their website for the latest updates.

⚖️ Recent Cases Related to Design Patents

Recent court rulings have impacted how design patents are interpreted and enforced. These cases may influence future applications and protections.

For more information, browse more rulings on the news page.

End of October 2026 Update





A utility patentdesign patent protects the physical appearance of an invention and is purely cosmetic in nature. A design patent does not cover the parts of the invention which carry out a certain task. For an original invention, it may be beneficial to an inventor to obtain both a utility patent and a design patent for one article because parts of an invention may possess both a functional and an ornamental purpose. In this instance, legally distinguishing a utility and design part of an article is not done easily.

An ornamental design patent may include an entire aspect of an article, though it is possible to file a design patent which only covers a certain part of an article. When a design patent applies to a surface ornamentation, the design must be shown applied to the article through detailed drawings. The article should be distinguished from the proposed patented design through the use of broken lines because it does not embody the design itself. Drawings are essential for design patents and should be detailed and accurate to portray the actual design of the article.

A design patent application filed to the USPTO should only have a single claim on a design. Two distinct and separate designs in one application are not allowed according to 37 CFR 1.153. Two independent designs which are not supported by or related to each other should be filed in separate claims to the USPTO. Separate claims should also be filed if two related designs are distinct enough from each other, in terms of shape and appearance. 

What You Must Know About the Types of Design Patents

Modified designs, however, are allowed to be filed and consolidated into one design patent application. These modified designs are embodiments of a single design and should have very few configuration differences from each other.