What is the Difference Between a Utility Patent and a Design Patent?

A utility patent protects the structure, composition, or function of an invention, while a design patent protects the ornamental and non-functional aesthetics of a product. 

    ✔ U.S. Patent Attorney with 20+ years experience
    ✔ Extensive experience with both utility and design patents
    ✔ Serving U.S. and international clients

In many cases, I work with clients to develop a coordinated strategy that includes both utility and design protection, depending on the nature of the product and the competitive landscape.

Not sure whether your invention should be protected with a utility patent, a design patent, or both?
I provide practical, business-focused guidance to help you make the right decision.

👉 Get guidance on your patent strategy by calling me at 1-616-242-9550 or send me an email directly.

Utility Patents – A utility patent protects the structure, composition, or function of an invention. A utility patent can protect a physical device, a step-by-step method (which can be used to cover things like software or methods of manufacturing chemicals), or a composition of matter (e.g., biological or chemical).

• Before filing, it is often helpful to conduct a patent search.
• Generally speaking, a utility patent lasts 20 years from the earliest filing date.
• Maintenance fees must be paid 3½, 7½, and 11½ years after the patent issued.
• Utility patents are more expensive and difficult to obtain than a design patent.
• You should always expect the Patent Office to initially reject your utility patent application, and you should expect to respond to at least one rejection before your application is possibly allowed.
• A utility patent can have either broad or narrow protection depending on how broad the patent’s claims are.

Design Patents – A design patent is used to protect the ornamental and non-functional aesthetics of a product. It protects the look of a product, which can include coloration if you like. 

• A design patent will last 14 years if it was filed before May 13, 2015, and it will last 15 years if it was filed on or after May 13, 2015.
• A design patent does not require any maintenance fee payments after the patent is issued.
• A design patent is generally less expensive and faster to obtain than a utility patent.
• However, a design patent is relatively narrow in scope and will only protect the design shown in the patent and other designs which are substantially similar.

Have questions about protecting your invention?
I’m happy to help you determine whether a utility patent, design patent, or a combination of both makes the most sense for your situation.

👉 Discuss your invention with me at 1-616-242-9550 or send me an email directly.

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 Can I Protect My Invention with Both a Utility Patent and a Design Patent?

 What Can I Patent?

 What is a Provisional Patent Application?