Utility and Design Patents - Distinctions with a Difference

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Patent protection provides inventors with exclusive rights to their inventions for a period of time, if they disclose their invention to the public with sufficient detail, and if the invention is new and not obvious. The two most common types of patents issued by the United States Patent and Trademark Office (USPTO) are utility and design patents. A utility patent protects the way an article is used and works—the function. A design patent protects the way an article looks—the ornamental appearance. You can see an example of this just by pulling out your cell phone or other mobile device.

A utility patent protects inventions related to the function of an article. For example, a wireless communication utility patent application may be used to protect the idea of converting audible sound to digital data and transmitting that data from one location to another wirelessly between a mobile device and a base station. The claims of the patent application may be directed to a structure of an electrical system able to perform the stated functions. In this example the function of the mobile device to send and receive is the claimed utility of the invention. Generally, if the USPTO determines that the combination of electrical hardware and software performing those functions are novel and not obvious, the invention can be protected with a utility patent.

A design patent protects inventions related to the appearance of an article. For example, a cell phone design patent application may be used to protect the look of the device. The cell phone may have round edges with flat front and rear surfaces. The design feature of round edges might qualify for design patent protection if they are primarily ornamental and not primarily functional. Thus, the inventor cannot obtain both a design patent and a utility patent covering the round edge feature of the phone design.
 
Sometimes it is clear that a particular feature is primarily ornamental and not driven by functional design, but many times the functional and design aspects may be intertwined. A patent attorney or patent agent can help you determine whether to seek utility patent protection or design patent protection – or to file for both utility and design patent protection for distinct features of the article. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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