For inventions where appearance plays a meaningful role, design patent protection can be valuable. In other situations, it may offer limited benefit on its own. Understanding the distinction between design and utility patents, and what types of products design patents can cover, helps clarify whether this form of protection is worth pursuing.
Utility vs. Design Patent Applications
When people talk about a patent application, they are most commonly referring to utility patent applications. Utility patents protect the function of an invention but do not cover the look or outward appearance. The non-functional parts of a product are protected with a design application. Here are some major differences when it comes to the two types:
Utility Patent
- Protects the functionality of a new and original process, composition of matter, machine, or manufacturing process
- Requires an in-depth application process that includes drawings and a detailed written description of the invention, describing how it functions and will be used
- Valid for twenty years after the application filing date
- May require maintenance fees
- Most common type of protection
- Higher rejection rate
Design Patent
- Protects a new and original design of a product
- Requires a less complicated application and drawings
- Valid for fourteen years after the application filing date
- Maintenance fees not required in most cases
- Lower rejection rate
The design patent application process is less complicated because the look of an invention is not as complex to describe and protect as the function or composition.
Compare all patent types in this article: The 3 Types of Patents Inventors Need to Know.
When Design Patent Protection Makes Sense
With certain products, only the design can be protected because the invention has been around for ages. Take, for instance, sunglasses. The function, or utility, is not original, but an innovative new sunglass design could be protected.
Items that gain their value from their unique outward appearance will greatly benefit from this type of protection. This way, you will make sure that fraudulent copies of your item do not receive the profits that belong to you.
Protect Your Design
If the look of your product is unique and connected to its value, a design patent application is probably right for you. Let us help you create the necessary research and drawings, and take you through the application process from start to finish. Call us at 727-546-0660 to discuss your product and get the process started.
Published by Larson & Larson, a Florida-based intellectual property law firm protecting innovation since 1987.
