Legal Definitions - design claim

A design claim is a specific statement within a design patent application that legally defines and describes the unique, ornamental appearance of a manufactured item. Unlike a utility patent claim, which protects how an invention works or is constructed, a design claim focuses exclusively on the visual characteristics—such as the shape, configuration, surface ornamentation, or a combination of these—that make a product visually distinctive. It outlines the precise aesthetic features for which legal protection is sought, preventing others from creating or selling products that have a substantially similar overall visual impression.

Here are some examples to illustrate how a design claim applies:

• Example 1: Unique Furniture Design

  Imagine a furniture company develops a new coffee table. This table features a highly distinctive, asymmetrical tabletop shape, legs that curve inward in a unique pattern, and a specific arrangement of wood grain inlay on its surface. The company would file a design patent, and within that patent, the design claim would precisely describe and visually represent these particular ornamental features. This claim would protect the table's overall visual impression, preventing competitors from manufacturing and selling coffee tables that look substantially similar, even if they use different materials or internal construction methods.

• Example 2: Distinctive Electronic Device Casing

  Consider a new brand of smart speaker. Its designers have given it a unique, elongated cylindrical shape with a subtly textured fabric covering, a specific pattern of perforations for sound output, and a distinctively shaped light ring at its base. The design claim in their patent application would detail these specific visual elements of the speaker's exterior. This protection would ensure that other electronics manufacturers cannot produce smart speakers with an identical or confusingly similar aesthetic, thereby safeguarding the brand's visual identity in the marketplace.

• Example 3: Innovative Footwear Sole Pattern

  A shoe manufacturer invents a new athletic shoe with a highly recognizable and intricate sole pattern. This pattern isn't just for grip; it features a unique arrangement of geometric shapes, varying depths, and a specific brand logo integrated into its design, creating a distinct visual signature when viewed from the bottom or side. The design claim would specifically cover this ornamental sole pattern. This means that while competitors could create shoes with different upper designs or internal cushioning, they would be legally prohibited from using a sole pattern that is visually indistinguishable or substantially similar to the patented design.