Utility patents are tougher to circumvent. Since a design patent covers merely the ornamental appearance of an invention, it’s not difficult to imagine the ways in which a competitor may easily design around a patented design by creating a product that simply looks different. How do utility patents differ from design patents in protection? Claim Scope Ongoing Office Action rejections, each requiring a thorough written response.The initial filing of a utility patent application requires greater effort in drafting the specification and claims and.Two primary factors lead to the higher costs of filing utility patent applications: What are cost differences between design patents and utility patents?Īs shown above, the cost of a design patent is fraction of the cost of a utility patent application which can easily get into the tens of thousands from start to finish. How to determine infringement (point of reference)Ĭomparison Table: Design Patents vs. How much time does it take? (average pendency to issuance or abandonment) Here’s a table summarizing differences between design and utility patents:Īllowance rate / Office Action rejections How to Decide Between Utility Patent and Design Patent This is where consulting with a patent attorney would help. There may be times when a product can qualify for both utility and design patent protection. If your product has a visual feature that simply looks cool or different, and serves no functional purposes, a design patent application may be the way to go.ĭesign patents are meant to protect only nonfunctional, ornamental features. That does not mean, however, that a functional product is ineligible for design protection. When would design patents be appropriate?ĭesign patent protection would be appropriate for three-dimensional shapes and two-dimensional product designs. Need to get a design patent or utility patent? Call Vic at (949) 223-9623 or email to see how we can help you protect your innovation with the right patents. In some cases, it may be appropriate to file both design and utility patent applications. If you’re concerned about competitors copying the appearance of your concept, then apply for a design patent. If you want to protect the functional features of your concept, then apply for a utility patent. The essential distinction between design and utility patents is the difference in protecting “How it looks” (design) vs. Design patent or utility patent? This is a critical question that you need to resolve early in your patent journey.
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