What’s the Difference Between a Design Patent and a Utility Patent?
Utility patents protect the utility or function of an invention or improvement thereof, whereas design patents protect the design or ornamental appearance of an article of manufacture.
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When people are typically thinking of a patent, they are thinking of a utility patent—and this makes sense considering the vast majority of patents granted are utility patents. According to the USPTO, these protect a new or useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. Utility patents get to the function, or utility, of these new inventions. Think, for example, theoretically designing a sliding mechanism that relies on ball bearings rather than the traditional wheels, which allows for less friction in the movement. Utility patents grant an essential monopoly on an invention or improvement for up to twenty years.
On the other hand, design patents protect a new, original, and ornamental design embodied in or applied to an article of manufacture. This prevents others from making, using, or selling the design, and lasts fifteen years. Protection for a design patent cannot be for the function or utility of the object and must be purely aesthetic. For example, consider a unique design of a stool, which offers no functional improvements over existing stool technology. This contrast between aesthetic and utility is the defining difference between a design patent and a utility patent.
There are, however, other types of patents, including plant patents and reissue patents. Most notably, plant patents protect new, invented or discovered asexually reproduced plants including cultivated sports, mutants, hybrids, and newly found seedlings. They prevent others from asexually reproducing the plant and making, using, or selling the plant. Reissue patents are an honorable mention in that they are only allowed to correct an error in an already existing utility, design, or plant patent. While a reissue patent does not change the time of protection for an existing patent, it could expand the scope of the existing patent.
Those with a valuable idea or invention should be aware of the contours of the different protections offered by each of these different types of patents, as it could be a valuable and profitable asset.
For more information on patents and intellectual property in general, see our patent services and intellectual property practices pages.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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