Utility and design patents protect different types of innovation. A utility patent may protect a qualifying functional invention, such as a process, machine, manufactured item, composition of matter, or improvement. A design patent may protect a qualifying ornamental design for a manufactured item. When comparing a utility patent vs. a design patent, your innovation’s characteristics determine which patent, or patents, it may qualify for.
Jones IP Law can help you identify the protectable aspects of your innovation and determine which patent categories may apply. Founder Michael Jones combines a mechanical engineering background with more than a decade of intellectual property experience involving mechanical devices, manufacturing systems, software, machine learning, cloud computing, and other digital technologies. We can assess your innovation and develop a filing strategy based on the available protection and your goals.
What Is a Patent?
A patent is a form of intellectual property protection granted by the federal government for qualifying innovations. To obtain a patent, you submit an application to the U.S. Patent and Trademark Office (USPTO) that describes or depicts the innovation.
The USPTO grants a patent if the innovation and application satisfy the legal requirements. To qualify for patent protection, an innovation must be novel, meaning it is new, and not an improvement that a person with ordinary skill in the field of the innovation would consider obvious. If the USPTO grants the patent, you can generally prevent others from making, using, selling, offering to sell, or importing your innovation.
Federal law provides different patent categories for different types of innovations: utility, design, and plant patents. Plant patents cover plant innovations, but what do a utility patent and a design patent cover?
What Is a Utility Patent?
Utility patents can cover:
- New and useful processes,
- Machines,
- Manufactured items,
- Compositions of matter, and
- Improvements to them.
In a utility patent application, you explain how to make and use the invention and include written claims that define the particular functional innovation you want a patent to protect.
What Is a Design Patent?
A design patent protects an original, ornamental design for an “article of manufacture.” An article of manufacture is an item made by people, such as a piece of furniture, a device, a container, or a component of a larger item. The patentable design may involve the item’s:
- Shape,
- Configuration,
- Surface decoration, or
- Combination of visual features.
The drawings in a design patent application depict the design the applicant seeks to protect.
Comparing a Design Patent vs a Utility Patent
The principal utility vs design patent differences reflect the types of innovation each patent covers, how an application defines the requested protection, and how long the resulting patent may remain in effect.
| Question | Utility Patent | Design Patent |
| What type of innovation may qualify? | A functional invention or discovery | An ornamental design of a manufactured item |
| What may it cover? | A process, machine, manufactured item, composition of matter, or improvement | The appearance of a manufactured item |
| What defines the protection? | Written claims | Drawings |
| What must be new? | The functional innovation | The ornamental design |
| How long can it last? | Generally, 20 years from filing | Generally, 15 years from issuance |
Because the two patent categories protect different innovations, a single product may contain a functional invention that qualifies for a utility patent and an ornamental design that qualifies for a design patent.
When Can Utility and Design Patents Protect the Same Item?
Utility and design patents may protect separate innovations incorporated into one product. For a utility patent to cover one aspect and a design patent to cover another, the product must contain both a qualifying functional invention and a protectable ornamental design.
The following utility patent vs design patent examples illustrate how this can occur:
- A travel mug with a new valve arrangement that controls liquid flow and reduces leaking. A utility patent could protect the valve arrangement, while a design patent could protect the distinctive ornamental appearance of the mug and lid.
- A desk lamp using a new joint mechanism, allowing someone to reposition the light while maintaining tension. A utility patent could protect the mechanism, while a design patent could protect the lamp’s ornamental shape and visual configuration.
- A shoe incorporating a new sole structure that distributes pressure and absorbs impact. A utility patent could protect that structure, while a design patent could protect the ornamental appearance of the shoe or a portion of it.
If both forms of protection may be available, your attorney can help you evaluate whether pursuing both patents supports your goals.
Frequently Asked Questions (FAQs)
Can a Product Have Both a Utility Patent and a Design Patent?
Yes. You may obtain both utility and design patents for some products when they contain a qualifying functional innovation and a separately protectable ornamental design.
Which Is Cheaper: A Utility or Design Patent?
A design patent application generally costs less to prepare and pursue, but it protects ornamental appearance rather than functional operation. Actual costs depend on the innovation, required drawings, complexity, USPTO fees, examiner responses, and attorney fees.
How Long Does a Design Patent Last Compared to a Utility Patent?
Design patents generally last 15 years from the date the USPTO grants them. Utility patents generally last 20 years from the date you file your patent application.
Is a Design Patent Worth It?
A design patent may be worthwhile when a product’s appearance influences purchasing decisions, distinguishes it in the market, or gives competitors a visual design they are likely to imitate. Its value depends on the design’s commercial importance and the available protection.
What Can’t a Design Patent Protect?
A design patent cannot protect how an innovation works, what it does, or a method of using it. It also cannot protect a design in the abstract, disconnected from a manufactured item.
Discuss Your Patent Options with Jones IP Law
Determining whether to pursue a utility patent, a design patent, or both begins with the innovation itself. Jones IP Law can help you evaluate how the law applies to your innovation and decide which application or applications to pursue. Drawing on his mechanical engineering background, Michael Jones has the technical background to understand complex innovations and develop practical patent strategies for inventors.
Contact Jones IP Law to begin developing a patent strategy tailored to your goals.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
