Should I get a design or utility patent? How?

A utility patent provides stronger protection than a design patent. The design patent only protects the embodiment shown whereas a utility patent can protect many embodiments. However, there are many instances that a design patent will provide you with all of the protection that you need. Also, if the technology has value to you and/or your competitors, you may be well-advised to apply for both. In such instances, we advise our clients to protect the technology every way that they can. You would be well advised to seek the assistance of counsel. Many provide a free initial consultation. Good luck with your project!!

It would be best to check with a patent attorney or agent since it's hard to determine whether your idea can be patented based on the minimal information you provided.

Contact a patent attorney. You will likely be advised to obtain a utility patent on the holder, which can include any decorative item. Such an invention must be (1) new, (2) useful, and (3) not obvious to those having ordinary skill in the field of the invention. A design patent would ONLY protect the holder and the one decorative item contained in the holder. Each combination of the holder & item might qualify for a separate design patent - so your costs would multiply per item. Visit the Patent Office website - www.uspto.gov - for more information regarding the differences between utility and design patents. GOOD LUCK!