What is the maximum duration of protection for design patents in the United States?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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 maximum duration of protection for design patents in the United States is 15 years from the date of grant. This duration is specified in the United States’ declaration under the Hague Agreement.
As stated in the MPEP, “Pursuant to Article 17(3), the United States declared that the maximum duration of protection for designs is 15 years from grant.“
This duration is also codified in U.S. law under 35 U.S.C. 173.
Topics:
MPEP 2900 - International Design Applications
MPEP 2903 - Declarations Under The Hague Agreement Made By The United States Of America
Patent Law
Patent Procedure