When people think of patents, things like technology, science and engineering often come to mind. But design patents are a different type of patent that intellectual property-focused luxury brands should consider as an additional arrow in their intellectual property quiver. Used wisely, design patents offer a powerful, underutilized tool to protect luxury assets, deter copycats and complement other rights in a company's IP portfolio. 

What Are Design Patents?

A design patent protects the ornamental appearance of an article of manufacture—not its functionality. In other words, design patents safeguard the aesthetic look of a product or even portions of a product. Protectable aspects may include the product's shape, configuration, surface ornamentation or a combination of these features. And even if the overall shape of a product is not unique, distinctive portions of the product may themselves be protectable.  

In the U.S., design patents are granted by the U.S. Patent and Trademark Office and last 15 years from the date of grant. Unlike utility patents, no maintenance fees or annuities are required to keep them in force. Additionally, unlike trademarks or trade dress, designs protected by design patents do not need to be used in commerce or acquire secondary meaning. To qualify for protection, a design need only be novel and non-obvious in view of prior designs.

How Design Patents Can Provide Value to Luxury Brands

1. Design Patents Protect Signature Designs

Luxury brand companies often create iconic and distinctive designs—think recognizable handbags, unique watch bezels, signature shoe shapes or luxury car features. Design patents can provide exclusive rights to these visual elements, making it easier to stop competitors from producing look-alike products. Unlike copyright (which may not apply to useful articles) or trade dress (which requires proof of secondary meaning), design patents offer relatively clear, objective protection based on the drawings in the patent. For example, a luxury handbag maker may patent the unique curvature of a handle or the arrangement of decorative stitching, helping prevent knockoffs that mimic these features.

2. Design Patents Complement Trademarks and Trade Dress

Design patents work alongside other IP rights to create a robust brand-protection toolkit. Trademarks protect names and logos, while trade dress protects the overall look of a product. But trade dress requires consumer recognition, which may take years to establish. Design patents fill this timing gap by providing immediate protection upon issuance, without the need to prove consumer association.  

This layered approach strengthens and prolongs enforcement. By the time a 15-year design patent expires, the secondary meaning needed for trade dress protection may be established, allowing for continuous protection. Additionally, if infringement occurs while the design patent is in force, it can be asserted alongside trademark or trade dress claims, increasing leverage in litigation or settlement. For example, a luxury shoe brand might protect its logo with a trademark, the shoe’s distinctive sole pattern with a design patent and the overall look with trade dress—creating multiple enforcement vectors.

3. Design Patents Provide a Strong Enforcement Tool

Design patent enforcement can be a powerful deterrent to infringement. Under U.S. law, a design patent owner can potentially recover the total profits from the sale of an infringing product. This remedy is unique to design patents and can result in substantial damages, especially in the luxury sector where margins are high.

4. Design Patents Offer Global Protection

Luxury brand companies operate globally, making multi-jurisdictional design protection critical. Many regions—including the EU, UK and China—offer registered design rights similar to U.S. design patents. Coordinating filings across key markets helps ensure consistent protection where products are sold or manufactured. For example, filing a design in China can be essential to stop local manufacturers from producing knockoffs before they enter global markets.

5. Design Patents Are Cost-Effective, Confidential and Fast

While design patents typically cost more upfront costs than trademarks or copyrights, they are significantly less expensive than utility patents and often issued on a faster timeline. Design patent applications can (and should) be filed well before a product launch, as they remain confidential until issuance. By the time a product hits the market, its design patent may already be pending or granted. Expedited examination can further reduce application pendency to under 12 months in many cases.

Conclusion

For companies that value the unique aesthetic designs of their products, design patents offer a powerful, underutilized tool for brand protection. Integrating design patents into a broader IP protection strategy can help preserve the exclusivity and prestige that define luxury brands.