What is the difference between a design patent and utility patent?

A Utility Patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A Design Patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Generally, the term of a Utility Patent is 20 years from the U.S. filing date of the first U.S. Patent Application, while the term of a Design Patent is 14 years measured from the date of the Patent grant. The fees and costs for a Design Patent are generally less than a Utility Patent, and the Design Patent generally works its way through the U.S. Patent Office more quickly. However, the Utility Patent provides better coverage for the invention. If your invention has a unique structure or function and a unique ornamental design, you should consider seeking both a Utility Patent and a Design Patent. We hope that this helps and Good Luck!

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. A design application has one claim - "the ornamental design of X" and the application includes mandatory drawings showing to top, bottom. Sides and a perspective view of the item. Utility patent as protect objects and what they do, and often how they are made - if the invention is new, useful and not obvious. Utility applications must depict in words how to make and use the invention. Then the application ends with claims - one sentence paragraphs that define the invention - some broadly, some moderately, and some narrowly. The "basic" filing fee paid for a utility application allows for three independent claims and a total of 20 claims. More claims cost more money. Visit the USPTO website for more information on both utility patents and design patents - www.uspto.gov. Good Luck!