best tracker
The Difference Between a Design Patent & Utility Patent - Classi Blogger

The Difference Between a Design Patent & Utility Patent

If you are looking to patent an invention, congratulations! You’ve already put in the work of creating your idea and are now preparing for a really exciting (albeit challenging) journey to secure your patent.

That said, you may also be a little intimidated by the vastness of intellectual property (IP) law, particularly in the realm of patents and patent types.

Two common types of patents that have some overlap are design patents and utility patents. Here are the differences between the two to help you decide which one is the best to pursue for you and your invention!

The Difference Between a Design Patent & Utility Patent - classiblogger

Why Patenting Matters

No matter who you are (an independent entrepreneur, part of a startup team, a seasoned business owner, etc.), protecting your intellectual property through areas like copyrights, trademarks, trade secrets and patents will always be critical.

Filing a patent in particular will help you successfully compete with massive competitors who can otherwise easily steal your ideas and customers through their resources, influence and experience that can’t be matched by smaller businesses.

Patenting helps to not only level that playing field but to also ensure that the entrepreneurs who put in the time, work and talent to create an invention have the opportunity to benefit from that work through profit.

Additionally, patenting promotes innovation by encouraging entrepreneurs to work hard at their inventions with the peace of mind that there is a way to avoid having it snatched up by aggressive competitors.

JD Houvener, an IP attorney at Bold Patents, puts a special emphasis on patents when discussing intellectual property law:

“Patents aren’t the only way to protect your ideas, of course. There are copyrights, trademarks and trade secrets as well. That said, patents are the heart of IP law because they give strong, definitive protection to a unique idea or invention in a way that isn’t really matched by other areas. It’s an incredible accomplishment for any entrepreneur.”

That said, there are many different types of patents, and knowing the right one for you and your invention is the first step in your journey no matter what.

Design Patent

Basically, the purpose of design patents is to protect the look and appearance of an invention that has a protectable design.

What does this mean? Generally, a protectable design has specific and identifiable visual characteristics. These characteristics also have to be expressed through an item of manufacture; otherwise, it is possible that a copyright may be a better path.

The Difference Between a Design Patent & Utility Patent - classiblogger1

This means that design patents do not protect the function or even mechanical structure of an invention but rather the appearance. Because of this, it is still possible that many different designs each receive design protection even if they have similar uses or purpose.

To touch upon the technical parts of a design patent, it will typically last for 15 years and are a relatively cheaper patent while also being somewhat easier to obtain (they are often awarded within 6-12 months while patents like utility patents can take much longer).

Best of all, design patents don’t require any maintenance fees. This is a pretty big deal since many patent types will require occasional fees to maintain over the years, something that can be a financial nuisance throughout the patent’s lifespan.

Utility Patent

Alternatively, utility patents typically pertain to inventions seeking protection for their functions and uses. Most commonly, the inventions that can be awarded utility patents include new processes, machines, manufactures or compositions of matter. All of these things are dependent on their usability (structure, composition or function), making that the important element to protect.

Something particularly special about utility patents is that they often last up to 20 years, making them one of the lengthiest patent types available.

Something that sets utility patents above design patents is their nature of protecting how something is used, making it much more difficult to find loopholes that can allow a competitor to alter your idea but still take its essence. Additionally, they can cover many different aspects of your invention, giving a thorough degree of protection.

That said, these advantages definitely come at a price. Utility patents are much more expensive and difficult to obtain, and applicants can almost always expect their first attempt to be denied (and possibly even a few follow-up attempts as well). To top it off, utility patents have maintenance fees due 3.5, 7.5 and 11.5 years after it is issued.

These barriers can scare off a lot of smaller businesses or independent entrepreneurs who don’t have as many resources or safety nets to justify taking on the challenge. That said, any inventor who does manage to secure a utility patent absolutely enjoys the benefits.

In Summary

Deciding between a design patent and a utility patent ultimately boils down to you, your invention and your personal needs, concerns and abilities. Fortunately, there are plenty of patent attorneys willing to have a conversation with you before any deals are struck to help you work through your personal needs so that you find the right path for you and your invention.

The most basic things to remember would be that design patents encompass the look and appearance of an invention while utility patents cover the functionality, so keep that in mind when brainstorming the plans for your invention!

For other great content, be sure to keep up with our regular, fantastic blog posts!

Nirmal Anandh M
Follow Me
Nirmal Anandh
Hi, this is Nirmal Anandh M alias Muthu Vinayagam from the "Temple City", Madurai. I am the Founder of this blog. My profession is, as a CEO in ATHIRA Web Services. It's about Work From Home Jobs, Affiliate Marketing, E-Publishing, Data Conversion and Data Entry Projects. you can connect with me @ Facebook, Twitter, Pinterest , LinkedIn, Flipboard, Medium and Youtube.

Related Posts

The Difference a Credit Union Can Make in Your Life-classiblogger uni updates

The Difference a Credit Union Can Make in Your Life

Credit unions deliver beyond mere financial services; they foster a community feeling and offer personalized attention that can significantly enhance your life. In Novi, Michigan, locals benefit…

Navigating Grief-How to Plan a Meaningful Funeral-classiblogger uni updates

Navigating Grief: How to Plan a Meaningful Funeral

Grief is a path we all must travel, but the steps we take and the rituals we perform along the way can significantly impact the healing process….

Safety First-Protecting Workers in Power Plants-classiblogger uni updates

Safety First: Protecting Workers in Power Plants

In the realm of power generation, safety is paramount. Power plants are complex environments where a range of potentially hazardous activities take place daily. Ensuring the safety…

Boosting Business Seclusion-Vinyl Fencing Benefits-classiblogger uni updates

Boosting Business Seclusion: Vinyl Fencing Benefits

Privacy, security, and aesthetics are essential considerations for any business looking to create a professional and inviting environment. This durable and versatile fencing option offers a range…

Guarding Health Mitigating Risks in Medical Device Development-classiblogger

Guarding Health: Mitigating Risks in Medical Device Development

This blog post delves into effective strategies for guarding health by mitigating risks in medical device development, highlighting key practices, challenges, and the significance of prioritizing risk…

Urban Escapes The Best Cities to Experience in Utah-classiblogger

Urban Escapes: The Best Cities to Experience in Utah

Utah is often synonymous with its stunning national parks and dramatic natural landscapes, drawing millions of visitors each year. However, beyond its renowned outdoor attractions lies a…

This Post Has 10 Comments

  1. I think utility patents are a type of patent that covers inventions that have practical use. This means that the patent holder can prevent others from making, using, selling, or offering for sale products or processes that use the patented invention without permission from the patent holder.

  2. The purpose of design patents is to protect the ornamental or aesthetic aspects of a new, original, and non-obvious design for an article of manufacture. Design patents provide the owner with the exclusive right to prevent others from making, using, selling, or importing the design for a limited period of time, usually 15 years from the date of grant. This protection allows designers and inventors to monetize their creations and prevent others from copying or stealing their designs. Design patents are an important tool for promoting innovation and creativity in fields such as fashion, furniture, consumer electronics, and many other industries.

  3. Quality is crucial when investing in a women’s bag. Opting for well-crafted bags made from durable materials ensures longevity and reliability. High-quality leather, sturdy fabrics, and sturdy hardware contribute to the overall durability and longevity of the bag. Womens Bags

  4. Micheal Jordan says:

    The difference between a design patent and a utility patent is an essential aspect to understand for anyone involved in the world of intellectual property as mentioned in this blog.
    Party Equipment Rentals in Paramount CA

  5. I highly recommend checking out the furniture collection at [Shop Name]. They offer a wide range of high-quality pieces that are perfect for adding style and functionality to your home. Definitely one of the best furniture shop in lahore .

  6. Don’t forget to keep an eye out for any exclusive deals, discounts, or promotions that the furniture shops may be offering. This can be a great way to save money without compromising on the quality of your purchases. best furniture shops in lahore

  7. angelina764 says:

    I highly recommend conducting thorough research and selecting a RAK Free Zone business consultant with a solid track record. It’s a significant step in ensuring your business’s success. rak free zone business consultant

  8. I must say, this article is a cut above the rest. The nuanced analysis provided here is simply outstanding.

    kembarjitu

Leave a Reply

Your email address will not be published. Required fields are marked *

CommentLuv badge