When most people think of patent protection, they think of utility patents, which protect how an invention functions. However, design patents, which protect the ornamental appearance of an article of manufacture, offer a powerful and often underappreciated complement to any intellectual property portfolio. One of the most compelling reasons to consider design patent protection is the unique and potent damages available to design patent holders in infringement cases.

Under 35 U.S.C. § 289, a design patent owner who proves infringement is entitled to recover the infringer’s total profit on the article of manufacture to which the patented design was applied. This contrasts with utility patent infringement, where damages are generally limited to a reasonable royalty or the patent holder’s own lost profits, and where apportionment of damages to the patented feature is often required. The design patent statute contains no such apportionment requirement, which means that an infringer may be required to disgorge its entire profit on the infringing product—not merely the portion of profit attributable to the design. Design patent infringement can yield damages well in excess of what might be available under a utility patent theory.

In addition to the total-profit disgorgement remedy, design patent holders retain the right to seek traditional patent damages under 35 U.S.C. § 284, including lost profits and reasonable royalties, as well as enhanced damages for willful infringement. This means that design patents give their owners flexibility, allowing them to elect whichever measure of damages produces the greater recovery. For products where the design is a key driver of consumer demand—think consumer electronics, furniture, fashion accessories, and automobiles—the disgorgement remedy can dwarf the damages available through a utility patent alone.

If your company invests in the visual design of its products, do not overlook design patent filings as part of your IP strategy. A design patent application is typically less expensive and faster to prosecute than a utility patent application, and the resulting patent can provide a damages windfall in the event of infringement. Building a portfolio that pairs utility and design patents on the same product gives you maximum flexibility and maximum leverage in enforcement and licensing negotiations.

For further reading, see our prior IP Tips of the Month on What Are Design Patents? and 2025 Design Patent Insights: Key U.S. Case Law Developments.