Utility Patent vs. Design Patent

A utility patent protects how a product works, while a design patent protects what a product looks like (or it's "ornamental appearance"). See this sample design patent, and compare it with this sample utility patent. One patent protects how it works (and has many words that describe that), while the other protects how it appears (it has very few words but does have very detailed drawings).

Design Patents
Utility Patents
Protects the "ornamental appearance" Protects how the product works
Valid for 14 years from filing date

Valid for 20 years from filing date

Less Expensive to file ($230) More Expensive to file ($462)
Preparation fee less expensive ($495) Preparation fee more expensive ($2,195)

Not as strong as a utility patent, typically

Strongest form of protection, if available
Relatively easy to get Difficult to get (70% rejection rate or more)

 

Other Questions:

How do I get started with a Utility Patent Application?

How do I get started with a Design Patent Application?

What's the difference between a utility patent and a provisional patent? Answer...

Kevin Prince
Registered Patent Agent

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