When you own something different or create a unique thing, the first important thing is to protect it from being copied or stolen. And patent serves just the purposes.
It is issued by the government to protect the rights of the inventor and gives him permission for further invention. Patents are not forever. They are time-limited.
After the expiry of a patent, anyone can use the subject. But several things are invented or require patents. Therefore to protect all of them, there are types of patents doing the job.
Among them, the first two types are utility and design patents. Both of them are patents; therefore, it becomes important to know about them.
Key Takeaways
- Utility patents protect new, useful inventions or discoveries, while design patents safeguard original, ornamental designs for articles of manufacture.
- Utility patents have a 20-year term from the filing date, whereas design patents last 15 years from the grant date.
- Design patents cover only the appearance of a product, while utility patents encompass the functional aspects, including how it works and is used.
Utility vs Design Patent
The difference between a utility and design patent is that it is the person who seeks and for the purpose it is required. Generally, investors or investors use utility patents for the protection of the invention or working of a particular subject. It costs higher in terms of attorneys fees and has less probability of office action rejection, whereas a design patent, as the name suggests, is mostly used by the designer to secure or protect their unique designs or outlook of a particular product, the attorney’s fees are less in this patent.
A person who invests in something unique or discovers a subject to work in a different manner seeks a utility patent to protect the discovery or invention. It is used for something that works.
It expires after 20 years from the filing date and cannot be renewed after that. It protects the function or utility. They don’t have anything to do with how their protected subject looks.
Designers use a design patent to protect their unique and distinctive designs so that no one can use them; if they are still used by a third party, the designer can sue them in court for copying as they have a patent over them.
They protect the physical appearance of the design of the subject only they don’t have anything to do with the working of the subject.
Comparison Table
| Parameters of Comparison | Utility Patent | Design Patent |
|---|---|---|
| Who seeks it | Investors | Investors and designers |
| Protects | Function or utility | Ornamental design |
| Protection time | 20 years | 14 years |
| Invention work protection | It protects it. | It does not protect it. |
| Fees | High | Low |
What is Utility Patent?
It protects the functional processor element of the subject; this is the only purpose it is used for. The invention must be useful, novel, and non-obvious if you have to obtain a utility patent.
All these terms have a specific role and meaning in the patent, and in the absence of any of these, the application for acquiring the utility patent will be immediately declined.
- Novel: this means that your invention must be unique and not copied or even that should already exist. Before the invention of the subject, the information or the usage of the subject should not be done by anyone before the creation. But there is an exception if certain changes or improvements have been made to an existing invention.
- Non-obvious: this means that even after clearing the novel aspect, the application would also be rejected if the changes or invention is too obvious for an individual with similar ability in the craftsmanship to which the inventor’s subject relates. Therefore it again can be rejected.
- Useful: the invention must be useful in any aspect. You will not pass the application process if the invention is useless or has no meaning of full use to society.
Therefore, after clearing all the above aspects, the application can be passed, and you will get your utility patent.
What is Design Patent?
It is granted for a new and unique design so that any other designer cannot copy the original design. It gives legal protection for securing the designs. It can be used for the distinct configuration or surface orientation, or both. It can only be used for a design that has some practical utility.
Filing a patent costs a lot less than filing a utility patent; also, there is a high probability of getting rejected or delayed. It does not cover the quality or working of the subject, only the appearance, not the functional feature.
Therefore, two subjects can be made up of the same material, still, the owner of a patent does not sure about the other party.
They can be obtained quicker if all the requirements are fulfilled and last for 14 years without maintenance or renewable fees. You can apply for a patent of the whole product or a part of the product that you want to protect or secure.
For example, some brands of handbags, clothing, phones, and accessories have design patents for protecting their logo and designs.
Main Differences Between Utility and Design Patent
- Both of the patents are used and sought by different parties. While a utility patent is used by investors who invest in something that works or for experiments, a design patent is used by both investors and designer, but it is mostly used by designers to protect their unique and different design.
- Patents are used for protection purposes, and the types are divided on the basis of what they protect. A utility patent is used for the protection of the function or utility of a subject, while a design patent is used to protect ornamental protection.
- Both of them expire after a certain period. A utility patent protects the utility for a longer period or has more years of protection. It gives protection for 20 years, while a design patent expires after 14 years, which is comparatively less.
- A design patent is used for the protection of design only or how the work looks, while a utility patent is also used for the protection of the invention or how the subject works.
- Both of them also differ in terms of initial filing attorney’s fees and attorneys fees for ongoing prosecution. Utility patent fees are higher than designer patent fees, which are more affordable.
- A design patent is higher in the probability of getting office action rejection, whereas it is lower in the case of a utility patent.
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/tipj4§ion=30
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/gonlr45§ion=21
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/sccj32§ion=5
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/stantlr17§ion=6
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/ublr19§ion=21
Last Updated : 10 August, 2023
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Chara Yadav holds MBA in Finance. Her goal is to simplify finance-related topics. She has worked in finance for about 25 years. She has held multiple finance and banking classes for business schools and communities. Read more at her bio page.
The detailed explanation of the purpose and requirements for obtaining a design patent provides a clear understanding of its role in protecting unique designs. The comparison with utility patents is particularly helpful.
The distinction between utility and design patents, particularly in terms of protection time and filing costs, offers valuable information for individuals considering patent protection for their inventions or designs.
I found the comparison between utility and design patents in the article to be extremely insightful. It’s essential for anyone involved in innovation and design to understand the nuances of patent protection.
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I agree, the article provides a clear differentiation between the two types of patents, making it easier for readers to understand their distinct purposes.
The comparison of filing costs and probabilities of rejection between utility and design patents sheds light on the practical considerations involved in seeking patent protection.
The explanation of the criteria for obtaining a utility patent, particularly the standards of novelty, non-obviousness, and usefulness, provides valuable guidance for potential patent applicants.
I agree, the article does a great job of outlining the essential criteria for obtaining a utility patent, which is crucial for understanding the patent application process.
The clear distinction between utility and design patents in terms of what they protect and the specific requirements for each type of patent is well articulated in the article.
The comparison table is a helpful resource for weighing the advantages and disadvantages of utility and design patents. It’s fascinating to see how the two types differ in terms of protection time and fees.
The detailed explanation of the eligibility criteria for obtaining a utility patent is enlightening. It’s essential to meet the novel, non-obvious, and useful standards to secure this type of patent.
The article provides a comprehensive overview of the different types of patents, including utility and design patents. It’s important to know the distinctions between them to understand what type of protection is most suitable for one’s invention or design.
I completely agree with your assessment. Understanding the differences between utility and design patents is crucial for anyone seeking to protect their intellectual property.
The article’s detailed description of design patents and their purpose in protecting unique designs is informative. It’s essential for designers to understand the legal protection offered by design patents.
The explanation of the requirements for obtaining a utility patent, including the novelty, non-obviousness, and usefulness criteria, offers valuable insight into the patenting process.