design-patents

Not every innovation is about how something works. Sometimes it’s about how something looks, and that distinctive look can be just as valuable. 

A design patent protects the appearance of a product, including its shape, the surface pattern, or the overall visual impression. It is separate from the utility patent that only protects how the design functions. 

Gearhart Law is a full-service intellectual property firm helping inventors and businesses protect not just how their products work, but how they look. Based in Summit, New Jersey, and serving clients nationwide, our design patent attorneys handle applications for the appearance of products across consumer goods, footwear, furniture, electronics, and more, often alongside the utility patents that protect a product’s function. 

Protect Your Design Today

Our New Jersey Design Patent Services

What a Design Patent Covers

A design patent protects how a product looks. That includes its shape, its surface pattern, or the combination of both, separate from any utility patent that only covers how it works. 

That protection isn’t limited to an entire product either. It can cover just a single component, like the shape of a bottle, the tread pattern on a shoe sole, or the visual layout of a software screen.

Application Strategy and Drawings

A design patent application lives or dies on its drawings. 

We prepare the formal, multi-view drawings (front, back, side, top, bottom, and perspective) that these applications require and frame the application to protect the design as broadly as the law will allow.

Design Patents Alongside Other Protections

Many products benefit from more than one kind of protection at once. 

We build a plan from the initial design patent for the shape, the trade dress once the product has built recognition, and the copyrights for any original artwork involved. 

Our team comes together to establish which combination makes sense for what our clients have built, rather than defaulting to just a single filing for their design that will not carry through these different phases in a long-term plan.

Industries We Serve

Design patents come up constantly in consumer products, from footwear to furniture to packaging, and anywhere that a product’s appearance plays a role in how a customer recognizes a product. 

We’re also now seeing a rising demand in consumer electronics and medical device housings, where a product’s form factor has become a genuine point of brand differentiation. As well as the software interfaces, where a distinctive screen design is worth protecting on its own.

What Our New Jersey Clients Say

  • “Thank you David and Sonam! Both provided outstanding assistance throughout the patent process, demonstrating exceptional technical knowledge, skill, and patience. David’s ability to understand complex, novel technical concepts and articulate them clearly was particularly impressive. His interactions with the patent examiner were highly effective and instrumental in enabling the examiner to quickly grasp the inventive aspects of the patent. This clarity and precision significantly streamlined the examination process. Sonam was equally outstanding. They were thorough, responsive, and consistently attentive to details and deadlines. Their professionalism and support helped keep the process organized and efficient at every stage. Together, they made what can often be a challenging process feel smooth, well-managed, and confidence-inspiring. I would highly recommend David Postolski and Sonam Arora to anyone seeking top-tier patent prosecution support.”
    – Hans H.
  • “Gearhart is very proficient and easy to work with process-wise. They are on top of their game. We do our analytical legal work with James Klobucar. He’s an excellent patent attorney! We have garnered a number of patents working closely with him on claims and needed drawings for these patents.”
    – Randy R.
  • “Wow! I had an excellent initial consultation with Richard Gearhart and could not have asked for a better first experience navigating the patent process. Going into the call, I was understandably nervous as this was my first time speaking with a patent attorney, and while I had done some research, I was not fully familiar with the process or what to expect. I was concerned that my idea might be dismissed or that I would be overwhelmed with obstacles. Instead, the experience was the opposite. Richard was personable, professional, and genuinely receptive to my concept, which involves multiple claims spanning both hardware and software, which is already an intimidating prospect for a first-time inventor. He took the time to listen carefully, explained the process in a clear and approachable way, and offered thoughtful guidance without ever applying pressure or pushing costs. By the end of the call, I felt informed, empowered, and more motivated to move forward than when I started. The conversation felt less like a sales pitch and more like advice from a trusted professional who wanted me to understand my options and make the best decision for my situation.”
    – Brian V.
  • “I’ve been working with David Postolski at Gearhart Law for a few years now. Not only is he incredibly smart, he provides counsel and supports my business growth beyond my legal needs. I can email David at any time and he responds right away. He is an advocate for entrepreneurs and small business owners and will always have your back. What I like most about Gearhart Law, is their flat fee structure. Unlike most firms, I always know what I’m paying upfront. There are no unexpected fees. If you’re looking for a firm for your patent, trademark or copyright needs, look no further… you’ve found it!”
     – Sherrill M.
  • “Mr. David Postolski and Gearhart Law helped us to get approval for our trademark & patent applications in the USA, EU, and other major countries. David is always available to answer our questions and concerns. We are happy with their work and definitely recommend if you plan to protect your intellectual property assets.”
    – Kazuko T.

Our New Jersey Design Patent Process

  • Step One: Design Search We review existing designs in the marketplace and prior filings to assess whether your design is likely to register. 
  • Step Two: Application and Drawings We prepare the application around the formal drawings a design patent requires, distinct from the technical claims a utility application needs. 
  • Step Three: Examination to Registration We guide the application through USPTO examination, responding to any objections, through to final registration. 

Why Clients Choose Gearhart Law for Portfolio Management

Design patents sit at the intersection of law and craftsmanship, and getting them right takes attorneys who are fluent in both. We bring that fluency to every application, along with the full-service backing to handle whatever comes next. 

Here’s what that looks like in practice, with us: 

  • Attorneys who understand both the legal and technical sides of ornamental design protection
  • A full-service firm, so if an enforcement issue or a trademark or trade dress question comes up later, it’s the same team who is already familiar with your product
  • An accessible, hands-on process, with direct access to the lead professional on your matter

Frequently Asked Questions

1. How is a design patent different from a utility patent?

A utility patent protects how something works. A design patent protects how it looks. They’re evaluated differently and are often filed together for the same product.

2. How long does a design patent last?

A design patent lasts 15 years from the date it’s granted, and unlike a utility patent, it doesn’t require any maintenance fees to stay in force once issued. 

3. Can I get a design patent and a utility patent for the same product?

Yes. It’s common for a single product to qualify for both, one covering the mechanism and the other covering the appearance.

4. What do I need to submit with a design patent application?

The core of the application is a set of formal drawings showing the design from multiple angles. Getting these drawings right is one of the most common places these applications run into trouble.

5. Does a design patent protect just part of a product or the whole thing?

Either. A design patent can cover an entire product’s appearance or a single distinctive component of it.

6. Can a design patent protect a software screen or app interface?

Yes, through what’s commonly called a GUI design patent, covering the visual design of a screen or interface element.

7. What happens if someone copies my patented design?

A registered design patent gives you a clear basis to demand they stop and to pursue formal action if they don’t.

Areas Served

Protect Your New Jersey Design Today

If how your product looks is part of what makes it valuable, it’s worth protecting on its own terms.

Let’s talk about whether a design patent is the right fit.

Schedule a consultation