How does the filing date affect the term of a design patent?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The filing date of a design patent application is crucial in determining its term. The MPEP clearly states:

“Patents issued from design applications filed on or after May 13, 2015 shall be granted for the term of fifteen years from the date of grant. However, patents issued from design applications filed before May 13, 2015 have a 14 year term from the date of grant.”

To summarize:

• Applications filed on or after May 13, 2015: 15-year term from the date of grant
• Applications filed before May 13, 2015: 14-year term from the date of grant

This change was implemented as part of the Patent Law Treaties Implementation Act of 2012 (PLTIA), which took effect on May 13, 2015.