A Design Patent protects the aesthetic shape of an object, but not what it does. If an object has functional parts, they have to be disclaimed from the Design Patent drawings either in dashed lines or by overexposing them.
A US Design Patent is limited exclusively to the item described, but if a competitor makes something that looks similar, the differences are adjudicated on a case-by-case basis.
The lifespan of a US Design Patent is fifteen (15) years from its date of Issue. The timespan between filing and issuance is between 18 and 24 months. A preliminary patent search is always helpful, but unnecessary for Design Patents.
The protection extends purely to the aesthetic visual appearance of the object in its entirety. Think of the coke bottle: yes, it is a bottle for holding a liquid, that’s its function, but its shape is worthy of protection because it is unique and inventive, from a design perspective.
