How long is the term for design patents?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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 term for design patents varies based on the filing date:

  • For design patents issued from applications filed before May 13, 2015: 14 years from the date of patent grant.
  • For design patents issued from applications filed on or after May 13, 2015: 15 years from the date of patent grant.

This change is due to the implementation of the Hague Agreement. As stated in the MPEP, Design patents have a term of fourteen years from the date of patent grant, except for any design patent issued from applications filed on or after May 13, 2015 (the date of entry into force of the 1999 Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”) as to the United States) has a term of fifteen years from the date of patent grant.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2701 - Patent Term Patent Law Patent Procedure
Tags: Design Benefit Claims, patent grant, Term 20 Years, Term Continuations, Term Provisional Rights