How to Conduct a Design Patentability Search? | IIP Search
Before applying for a design patent, it’s crucial to determine if your design is truly original. A design patentability search helps you evaluate whether your design is new and non-obvious by comparing it with existing designs.
This article walks you through a detailed, step-by-step process to conduct an effective design patent search, supported by tools, examples, and expert strategies to reduce risks and improve your chances of approval.
What Is a Design Patent?
A design patent protects the ornamental appearance of a product rather than its functional aspects. This includes the shape, configuration, surface decoration, and overall visual impression.
Examples of design patentable items:
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A uniquely shaped perfume bottle
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The ornamental bezel of a smartwatch
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A distinctive shoe sole design
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Graphical user interface icons (GUIs)
In the United States, a design patent grants protection for 15 years from the date of grant, provided the design is original and not previously disclosed.
Real-world example:
Apple Inc. famously secured a design patent for the shape and layout of the original iPhone. This patent later played a critical role in their high-profile legal battle against Samsung.
Why a Design Patentability Search Matters
Skipping this step can cost time, money, and legal exposure. Many applications are rejected due to similar existing designs—even if the applicant was unaware of them.
Key benefits of a design patentability search:
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Confirms if your design is unique enough for protection
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Helps avoid costly rejections or re-filings
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Prevents potential infringement issues
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Informs how to draft the application and illustrations
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Offers competitive intelligence in your industry
Case Study:
A furniture startup submitted a design patent for a minimalist chair but skipped a proper search. Their application was rejected because a similar design had already been registered in Europe under a different name. The business had to redesign and reapply, delaying their launch by six months.
Step-by-Step Process for Conducting a Design Patent Search
Step 1: Define the Novel Design Features
Start by identifying what is visually distinct in your design.
Break it down into:
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Contours and silhouette
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Decorative elements
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Texture or surface finishes
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Overall shape and symmetry
Tip: Create a clear sketch or CAD render of your design and annotate the unique elements.
Example:
For a wireless speaker: "Cylindrical shape with vertically embedded LED strips and perforated metal mesh exterior."
Clarity at this stage helps focus your search and reduces irrelevant results.
Step 2: Identify Relevant Classification Codes
Design patents are categorized using classification systems that group similar designs.
Two major systems:
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Locarno Classification (used internationally)
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United States Design Classification (USD)
Use these resources:
Example: If you're patenting a chair design:
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Locarno Class 6 (Furnishing)
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U.S. Class D06 (Furnishings)
These codes guide you directly to similar design registrations.
Step 3: Search Official Patent Databases
Now search trusted databases using your keywords and classification codes.
Primary patent databases:
Apply filters to narrow results:
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Jurisdiction (US, EU, etc.)
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Date range
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Applicant or inventor
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Classifications
Look at the images, not just the titles. Design patent examination is visual; words often aren’t enough.
Step 4: Expand Your Search to Non-Patent Sources
Non-patent prior art can still invalidate your application if it publicly discloses a similar design.
Visual sources to search:
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Google Images (use reverse image search)
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Pinterest and Behance (for concept designs)
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Amazon, Etsy, Alibaba (market-ready products)
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Design magazines and industrial design blogs
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Trade fair catalogues and product brochures
Use terms like:
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“Modern vase design”
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“Futuristic kitchen appliance”
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“Minimalist watch face”
Pro tip: Search in other languages using simple translations (e.g., "montre design minimaliste" for French watches).
Example:
A startup’s design for a hexagonal smart light was found to resemble a concept posted 3 years earlier on Behance—never patented but still valid prior art. They had to abandon their filing.
Step 5: Analyze and Document Your Findings
Compare your design with results found in patent and non-patent databases.
Key questions:
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Does your design give a different visual impression?
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Would an average consumer recognize the difference?
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Are the key features absent in other designs?
Use a spreadsheet to log:
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Patent or product name
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Image/screenshot
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Source (URL or database)
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Key similarities/differences
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Filing or publication date
Why it matters:
You need to show novelty and non-obviousness in your application. Documentation also supports future legal arguments or revisions.
Best Tools and Databases for Design Patent Searches
Here’s a toolbox of essential resources:
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Using multiple sources increases the chance of spotting conflicts and strengthens your decision-making.
Common Mistakes to Avoid
Even a detailed search can go wrong without attention to the following issues:
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Using only keywords instead of classification codes
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Ignoring visual similarity by skimming over drawings
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Skipping global sources like WIPO or non-patent literature
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Not saving search history, leading to repeated or missed checks
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Assuming uniqueness based on market availability
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Over-relying on AI or automated search results
Case example:
A smartwatch design was submitted based on a casual Google keyword check. It was later blocked by an old Japanese design patent that wasn’t textually similar but had a nearly identical visual shape.
When to Get Professional Help
While DIY searches work for basic validation, it’s best to involve professionals when:
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Your design is core to your product strategy
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You’re short on time before filing or launch
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You’re unfamiliar with design patent systems and tools
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You need help interpreting legal language or visual similarity
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You want to minimize the risk of rejection or litigation
Professional firms like IIP Search provide thorough searches with:
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Visual and classification-based analysis
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Access to international and obscure databases
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Detailed documentation and risk evaluation
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Strategic recommendations for filing
Investing upfront saves long-term costs and strengthens your IP portfolio.
Final Thoughts
A design patentability search is a foundational step in securing rights to your design. It's not about ticking a checkbox—it's about avoiding costly surprises, missed opportunities, and IP vulnerability.
Follow a structured, multi-platform search approach. Focus on visuals, classification codes, and detailed records. And when needed, don't hesitate to bring in expert help.
Your design deserves protection—just make sure it's unique before filing.
Need Help Conducting a Design Patentability Search?
Avoid rejection, litigation, and wasted effort.
Get a professional, in-depth design patent search done right by experts.
Explore Design Patentability Search Services at IIP Search
Confidently file your design knowing the prior art has been thoroughly reviewed.
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