Do patent examiners use AI to examine design patents?
The USPTO has begun using AI to examine design patent applications? Named DesignVision, the design examiners can now use this artificial intelligence tool to search prior art similar to the figures in design patent applications. Let’s explore how this might affect design patent examination going forward.
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Why couldn’t the USPTO simply use Google images to search for designs?
Keep in mind that design patent applications must be kept confidential. Ever notice how you can never find a published design application? Design patents are published if and only if they are granted.
In searching for prior art similar to the drawings in design applications, USPTO examiners must keep the claimed designs confidential. Therefore, design examiners could not simply copy or upload a claimed design onto Google images to search what might already exist.
The use of a specially designed AI tool enables the USPTO to maintain confidentiality while searching the prior art.
Will design patents become more difficult to obtain with AI searching?
In fiscal year 2025, the USPTO design patent allowance rate was 85%. AI design patent examination was launched around July 2025. It will be interesting to see if the design patent allowance rate decreases in fiscal year 2026 and beyond.
How can you file stronger design patent applications?
Even without AI, design examiners have frequently found prior art in the form of ecommerce listings on platforms such as Amazon.com. In some cases, the Amazon product listing may actually belong to the design applicant. If the listing had been launched within one year of the application filing date, there are ways to overcome the rejection by using certain affidavits regarding the 1-year grace period.
Now that AI is being used in design patent examination, applicants need to be more selective about applying for any designs. Consider whether your new design is visually similar to any existing products you already know.
Consider applying for designs that you believe are substantially different in appearance from existing products.
Should you consider visual prior art searches?
Before conducting prior art searches for visual images, consider the risks. There will be additional costs and delays in searching prior art images. Furthermore, you are required to disclose to the USPTO the relevant prior art found in your search. A design prior art search can also put you on notice of design patents that are arguably similar to your design.
Without a search, you would not be required to disclose any prior art that you not aware of. Furthermore, the examination of your design patent application would stay confidential if you decide to abandon your application.
How might AI searching affect the use of broken lines in design patent drawings?
One strategy to obtain broader design patent coverage is to use broken lines in the drawings. Broken lines typically appear as dashed lines in design patent drawings, signifying that such portions drawn in dashed lines are not part of the claim.
The strategic use of broken lines allows an applicant to claim a broader scope. For example, an applicant might claim only the visual appearance of only a portion of the product as opposed to the overall look of the entire product.
