What is the Difference Between Utility and Design Patent?

The main difference between a utility patent and a design patent lies in the aspects of an invention they protect. Here are the key distinctions between the two types of patents:

1. Functionality vs. Appearance: A utility patent protects the way an article is used and works (35 U.S.C. 101), while a design patent protects the way an article looks (35 U.S.C. 171). In other words, utility patents cover the functional aspects of a product, whereas design patents cover the ornamental design, shape, configuration, or surface ornamentation of a product.
2. Claim Scope: Utility patents have textual claims that are generally broader in scope, while design patents have primarily visual claims that are more limited in scope.
3. Term of Protection: Utility patents have a term of 20 years from the filing date, while design patents provide protection for 15 years from the issue date.
4. Cost: Design patents are usually less expensive to obtain than utility patents. The cost of a design patent application is typically around $2,000 to $4,000, while the cost of a utility patent application can range from $15,000 to $30,000.
5. Examination and Grant: Design patent applications are usually examined, allowed, and issued more quickly than utility patent applications.

In some cases, both design and utility patents may be obtained on the same article if the invention resides in both its functionality and ornamental appearance.

Comparative Table: Utility vs Design Patent

Here is a table summarizing the key differences between utility and design patents:

In summary, utility patents protect the functional aspects of an invention, while design patents protect the ornamental or aesthetic aspects. When deciding which type of patent is right for you, consider the nature of your invention, your budget, and your long-term goals. You can apply for both a utility patent and a design patent for comprehensive protection.