When considering ways to protect your intellectual property, it’s important to understand the different types of patents available to you – and which makes the most sense based on your business goals and needs.

In this guide, we’ll explain the key differences between utility and design patents, helping you make an informed decision on the best way to protect your invention.

What is a Utility Patent?

Chances are, when you think of a patent, you’re thinking of a utility or design patent and trademark office or patent. A utility or design patent covers and protects the functional aspects of an invention. It also covers a wide range of creations, from technological breakthroughs to novel manufacturing processes.

Utility patents are among the most valuable forms of intellectual property – providing exclusive commercial rights legal protections to your technology. However, this protection comes at a cost to patent attorney and trademark office, as it can be difficult to obtain, time-consuming, and expensive.

Application Process

Utility patent applications are detailed and complex. You will need to submit a comprehensive description, breaking claim scope of your invention down into a list of its essential and nonessential parts. Essentially, you must provide enough detail so that another person in the same technical field can reproduce the results.

It’s critical to perform a utility patent search to ensure that no similar design has been patented. This step is necessary to determine your invention’s novelty, which is a key requirement for utility patent vs design patent for patents. It is far better to discover similar inventions early in the process before you go through the time and cost of filing a utility or design patent application.

Utility patent applications require precision. They include several sections, each with specific formatting rules. You must also submit drawings or diagrams explaining how the invention works.

Because of the complexity, it’s not unusual for the process to take years and cost tens of thousands of dollars. Rejections are common, but you may be able to address a rejection by amending your claims.

Scope of Protection

The heart of a utility patent application lies in its claims, which precisely define what the invention does and how it is distinct. These claims are meticulously reviewed by the patent office and examiners to ensure that the invention is both novel and non-obvious.

Utility patents can protect:

●      Processes: methods of performing a specific action or a series of actions.

●      Machines: the mechanical systems used for a device or a combination of devices.

●      Articles of Manufacture: items that are manufactured, ranging from everyday products like furniture to specialized equipment.

●      Compositions: chemical or biological compositions often used in the pharmaceutical or biotech industries.

A typical claim in a utility patent might be: “A method for data encryption comprising the steps of …”

Once a utility patent is granted, the patent holder gains the exclusive right to prevent others from making, using, or selling the patented utility application invention.

Validity and Maintenance

In many jurisdictions, utility patents are valid for a period of 20 years from the date of their grant. To maintain the patent law and its validity, the patent holder is required to pay periodic maintenance fees. These ongoing commitments underscore the long-term investment in securing a utility patent.

What is a Design Patent?

A design patent protects or distinctly protects the ornamental aspect of a functional item. Unlike utility patents that cover primarily functional or elements, design patents are about aesthetics – the shape, configuration, or surface ornamentation of an item.

It’s important to plant patents for products where design is a key differentiator, like jewelry, packaging, or fonts. The Statute of Liberty is one well-known example of a design patent.

Application Process

The application process is typically less complex than the process for utility patents but still requires precision. It involves the submission of detailed drawings or photographs depicting the design, a brief description, and claims outlining the design aspects to be protected.

The design must be novel, original, without ornamental features, and a practical application applied to a tangible, man-made object. It must also be non-obvious to someone skilled in the relevant field.

Much like utility patent vs other patents, a design patent search is essential to ensure your design is unique and patentable.

Scope of Protection

Design patents specifically protect a few design patent applications for product’s visual elements. This includes design patent drawings:

●      Shape and Configuration: the external form and structure of an item.

●      Surface Ornamentation: covers decorative aspects like textures and patterns.

●      Combination of Form and Design: the cohesive blend of the item’s shape and aesthetic details.

Validity and Maintenance

Design patent duration differs by jurisdiction. In the United States, design patents (granted after 2015) have a validity period of 15 years from their grant date and do not require any maintenance fee fees, unlike utility patents. In the EU, design patent protection rights can last up to 25 years, but there are renewal fees every five years.

Usage Scenarios

To determine which former patent attorney is most appropriate for your needs, consider the following questions:

●      Does your invention introduce a new and useful improvement over competing product, function or process?

●      Is the primary uniqueness of your invention its aesthetic appearance?

●      Does your invention combine unique features and functional innovation same product, with a unique design?

●      Are you aiming to protect the way your product works or the way it looks?

●      Is the novelty of your invention in its technical or aesthetic aspects?

Utility Patents

Utility patents are ideal for inventions with unique functional features or operations. These patents are well-suited for technological devices, chemical compositions, and mechanical processes. They offer comprehensive protection, focusing on the invention’s function and structure.

While they are more difficult and costly to obtain, they are much more challenging for competitors to circumvent.

Design Patents

Design patents are best suited for innovations where the visual appearance of design is key. Applicable to items like the exterior of a smartphone or unique fabric patterns. Design patents are not suitable for non-visible elements, as the most ornamental design aspect must be visible to warrant patent protection.

Utility and design patents protect, and design and utility patents protect are not mutually exclusive. In some situations, both utility and design patents might be necessary for complete protection of your invention’s functional and aesthetic qualities.

Making the Right Patent Choice

Understanding the difference between utility and design patents is crucial to ensuring your intellectual property is adequately protected. Your choice hinges on whether you seek to protect an invention’s functionality or its design.

The correct type of patent not only safeguards your creation but also strengthens your competitive position in the market. Selecting the appropriate patent type of patent, is a strategic decision that could have a lasting impact on the success and uniqueness of your new and useful process or creation.

Got questions?

Reach out to our team and consult on a case-by-case basis.