How to Conduct a Design Patentability Search – Step-by-Step Guide | IIP Search

1. How to Conduct a Design Patentability Search: A Complete Step-by-Step Guide IIP Search Designs speak louder than words in many industries. From fashion to tech gadgets, how a product looks can define its success. But before you invest time and resources into launching your innovative design, one crucial step can save you from future disappointment — conducting a thorough design patentability search. This step determines whether your design is original and legally protectable. Photo by Firmbee.com on Unsplash In this guide, we’ll walk you through a comprehensive, step-by-step approach to conducting a design patentability search. We’ll also include

2. real-world examples, tools, tips, and insights from experienced professionals to help you make informed decisions. What is a Design Patent? A design patent protects the ornamental appearance of an object, not its function. This includes features like shape, pattern, surface decoration, and configuration. If your innovation is about how a product looks rather than how it works, you’re probably dealing with a design patent. For instance, the sleek curved body of the original Coca-Cola bottle is protected under a design patent. Even if another company creates a bottle that holds the same liquid, they can’t copy its exact visual design. Why Conduct a Design Patentability Search? Before filing for a design patent, it’s essential to verify if your design is novel and non-obvious. A design that is too similar to an existing one — even if unpublished — may be rejected by the patent office. A comprehensive search helps you: ● Avoid wasting money on unsuccessful patent applications ● Gain insight into existing design trends ● Refine your design to enhance its uniqueness ● Understand your competition better ● Build a strong foundation for legal protection

3. Step 1: Identify the Key Visual Elements of Your Design Begin by breaking your design down into its most distinctive visual components. Ask yourself: ● What makes this design unique? ● Which part of the design is ornamental? ● Is it the shape, pattern, color arrangement, or surface detailing? For example, if you’ve designed a smartwatch with a hexagonal bezel and braided strap texture, those unique aspects are what you need to focus on. Pro Tip: Avoid vague descriptions. Be specific. Instead of saying “a nice-looking chair,” describe “a minimalist, cantilevered chair with a perforated backrest.” Step 2: Understand the Locarno Classification System Design patents are categorized using the Locarno Classification, an international system that classifies designs based on their function or industry. For example: ● Class 2: Articles of clothing and haberdashery ● Class 6: Furnishing ● Class 14: Recording, communication or information retrieval equipment

4. Knowing your class helps you narrow your search and improve accuracy. Example: If you’re working on a new headphone design, Class 14–03 (“Equipment for recording or reproduction of sound”) will be most relevant. Step 3: Use the Right Tools and Databases Now it’s time to dive into the research. Some of the most trusted tools include: 1. USPTO (United States Patent and Trademark Office) ● Use their Design Search Code Manual to find relevant categories. ● Filter your search using class codes, keywords, and status. 2. WIPO Global Design Database ● Offers access to international design filings across multiple jurisdictions. ● Useful for identifying foreign design applications. 3. Google Patents ● Offers an intuitive, visual interface. ● Allows image-based searches, which is helpful for design patents. 4. Espacenet ● A European database with an easy-to-use search system. ● Ideal for finding related designs across EU nations.

5. Step 4: Search with Precision Combine your keywords, class codes, and visual inspection. When searching: ● Start with broader terms (e.g., “watch” or “smartphone case”) ● Narrow down using more specific traits (e.g., “circular watch with metal mesh strap”) ● Pay attention to both granted patents and pending applications ● Review design drawings closely Important: Design patents rely heavily on drawings. Descriptions are limited. You must compare your design visually with existing ones. Step 5: Analyze and Compare Your Findings Go through the most relevant results and ask: ● Does this design look substantially similar to mine? ● Are the ornamental aspects clearly distinguishable? ● Could an average consumer confuse the two? Case Study: The Apple vs. Samsung Design Battle Apple sued Samsung over the design of its smartphones, claiming they infringed on Apple’s patented aesthetic (rounded corners, bezel design, and grid layout). This shows how critical design elements can trigger legal conflict — even over small details. A well-conducted patentability search could have helped avoid this costly litigation.

6. Step 6: Document Your Search Process Keep detailed records of: ● Patent numbers and links ● Screenshots of relevant drawings ● Notes on differences and similarities This will come in handy if you proceed with filing. It also proves that you did your due diligence. Step 7: Determine Novelty and Non-Obviousness After evaluating existing designs, determine: ● Is your design novel (new and not disclosed anywhere in the world)? ● Is it non-obvious to someone skilled in the field? If the answer to both is yes, your design is likely patentable. Step 8: Modify and Improve If Needed Sometimes, a small tweak can make all the difference. Example: Let’s say you created a square lamp design, but a similar one already exists. By adding textured panels, integrated wireless charging, or unique base geometry, you might create a sufficiently distinct version. Don’t be discouraged — use the search to enhance your creativity.

7. Step 9: Consult with a Professional Design Patent Search Service Even with the best tools, DIY design searches have limitations. An experienced design patent search firm like IIP Search brings: ● Expertise in niche industries ● Access to premium search databases ● Knowledge of international classification systems ● Interpretation of visual similarities in legal context Professional searchers can find “hidden” prior art that you might overlook, saving you from legal headaches later. Step 10: Make the Decision — File or Refine After completing your search: ● If your design appears novel, go ahead and prepare your patent filing. ● If it’s too similar to existing designs, consider refining it or seeking alternative protection like trademarks or copyrights. Remember: Filing a design patent without a proper search could lead to wasted effort and rejection.

8. Additional Tip: Consider International Design Protection If you plan to sell globally, check for similar designs in other countries. The Hague System allows you to file one application for multiple countries. International competition is tough. A proper global design search ensures your aesthetic is unique beyond borders. Real-World Example: Tesla Cybertruck When Tesla unveiled the Cybertruck, its design immediately attracted attention. The vehicle’s angular, stainless-steel body was unlike anything on the market. Tesla applied for design patents covering the exterior. A detailed design patentability search was likely conducted to ensure no other similar automobile design existed — especially given its high-profile release. This helped Tesla position itself uniquely in the electric truck space and prevent future copycats. Conclusion A successful product begins with protection. Design patents offer a powerful shield for your creative work, but they must stand on a solid foundation of originality. That’s why a thorough design patentability search is more than a formality — it’s your first line of defense. By following the steps in this guide, you can navigate the process with clarity and confidence. However, conducting a successful search requires time, tools, and expertise.

9. Let the Experts Help You Why risk costly mistakes when you can trust the professionals? At IIP Search, we specialize in design patentability searches tailored to your needs. Our experienced analysts use global tools and proven methods to deliver reliable, in-depth reports that help you move forward with confidence. ✅ Accurate, fast, and confidential ✅ Global design database coverage ✅ Expert insights and recommendations ?Get your design patentability search today! Protect your creative investment — start your search with IIP Search now.