QUESTION
What is the difference between a design and utility patent? How?
Asked on Apr 15th, 2015 on Patents - Massachusetts
2 ANSWERS
A utility patent covers a totally new invention; a design patent covers a new form of an existing invention such as a car bumper.
Answered on Apr 20th, 2015 at 1:24 PM
Appellate Litigation Attorney serving Boston, MA
at
Banner & Witcoff, Ltd.
Update Your Profile
A design patent protects the ornamental design of a physical item. Think of the shape of items - they may be protected by design patent if the design is distinctive from prior designs. Design patents must, like utility patents be new and not obvious. Utility patent as protect objects and what they do, and often how they are made - if the invention is new, useful and not obvious. There are also plant patents - a special category often used to protect roses, among other plants.
Answered on Apr 16th, 2015 at 9:14 AM