Last up to date on: September 2, 2024

Red Points gives an outline of the important thing variations between utility patents and design patents when one ought to file a design patent or a utility patent utility, and the appliance course of for every type of patent. 

Summary:

• What is a utility patent vs a design patent? A utility patent protects the purposeful elements of an article, i.e., the best way the article works and is used, whereas a design patent solely protects the decorative look of an article, comparable to its form, configuration, and/or floor ornamentation.
• When to file a design patent vs utility patent utility? A design patent utility needs to be filed when looking for safety for the distinctive exterior look of an article. When looking for safety for the best way an article capabilities together with its mechanical construction or the best way the article is used, a utility patent utility submitting is suitable.   

I. What is a Design Patent vs Utility Patent? 

(i) Utility vs Design Patent Examples

A design patent protects the unique decorative look of an article, such because the configuration or form of the article (e.g., spherical, cylindrical, and so on.) and/or floor ornamentation (e.g., the sample of indents, ridges, and so on.) utilized to the article. 

A design patent solely protects the outside visible look of an article. A design patent utility can’t be filed for a hidden or inside design of an article as a result of hidden designs, by nature of not being seen, can’t be decorative in nature. Similarly, purposeful mechanical constructions will not be decorative in nature and can’t be protected by design patents.

In distinction, a utility patent protects the best way an article capabilities and/or the best way the article is used. A utility patent protects an invention that’s novel, non-obvious, and helpful and that falls beneath at the least one of many following 4 classes: 

• Process: Process claims are directed to strategies of performing an motion or a sequence of actions. The subject material of technique claims may be extremely numerous, e.g., strategies of treating ailments, strategies of performing an algorithm to shield software program functioning, strategies of utilizing units, and so on. can all be claimed in utility patents. 
• Machine: Machine claims are directed to units or combos of units in techniques.  
• Article of manufacture: Includes claims directed to articles which are manufactured comparable to ceramics, chairs, sneakers, and so on.
• Composition of matter: Composition claims are directed to chemical compositions (e.g., the chemical construction of a small molecule, a pharmaceutical composition of a mix of components, and so on.) or organic compositions (e.g., nucleic acid sequences, amino acid sequences, antibodies, and so on.)

(ii) Utility Patent vs Design Patent Key Differences

A utility patent protects the purposeful elements of an article, whereas a design patent solely protects the decorative look of an article. 

A utility patent is more durable and takes considerably longer to get hold of (sometimes 3-5 years) than acquiring a design patent (about 1-2 years). Consequently, acquiring a utility patent is costlier than acquiring a design patent.

Given the expense and complexity of acquiring a utility patent, it’s extremely advisable to carry out a patentability search prior to submitting a utility patent utility. The function of that is to seek for beforehand printed patents, patent functions, or different publications comparable to the invention to be patented for assessing novelty and non-obviousness. 

How lengthy does a utility vs design patent final? 

A utility patent is legitimate for 20 years from the date the appliance is filed. A design patent within the United States is legitimate for 15 years from the date the design patent utility is granted. 

Unlike utility patents which are topic to cost of periodic upkeep charges to forestall them from expiration, design patents, as soon as granted, do not require payment of maintenance fees. For extra detailed data on utility patents, learn Red Point’s Ultimate Guide to American Utility Patents.

II. When to File a Design Patent vs Utility Patent Application?

When the article in query has a singular exterior look and opponents are probably to copy its look, a design patent utility needs to be filed. Design patent functions are generally filed to shield aesthetic options of shopper items comparable to cellphones, sneakers, automobiles, and so on.

However, when looking for safety for the best way an article capabilities, together with its mechanical construction, whether or not on inside or exterior surfaces of the article, or the best way the article is used, a utility patent utility submitting is suitable. 

Both design patent utility and utility patent utility needs to be filed if safety is desired each for the aesthetic look of the article in addition to its purposeful elements. 

III. How to File a Design Patent vs Utility Patent Application

A utility patent utility should embrace an outline of the invention and a declare set. Drawings could also be included, if needed, to perceive the invention. A design patent utility should embrace drawings of the decorative look of the article, an outline of the drawings and the decorative look of the article, a single declare, and a quick description of the article and its meant use. 

Drawings in design patent functions should use stable strains for the claimed decorative options of the article and, if needed, damaged strains for the seen unclaimed environmental construction through which the claimed decorative options are discovered. Fees for submitting, search, and examination additionally should be included in each utility and design patent utility filings.

Design and utility patent functions may be filed on the national patent offices of every nation through which patent protection is sought. International utility and design patent functions simplify the method of acquiring patent safety in numerous international locations by permitting the submitting and processing of a single utility, which might then be subsequently pursued in international locations through which patent safety is desired. 

International utility patent functions may be filed beneath the Patent Cooperation Treaty (PCT) by submitting PCT functions, whereas international design applications (IDAs) may be filed for design patent functions. Once your patent is registered, staying proactive is the easiest way to forestall others from stealing what you might have achieved. 

To discover out extra about how Red Points’ brand protection software may also help you safeguard your income by defending your design patent, get in contact and request a demo today.