How does a design patent differ from a utility patent?

Design patents and utility patents protect different aspects of an invention:

• Design Patent: Protects the ornamental design or appearance of an article of manufacture.
• Utility Patent: Protects the functional aspects, structure, or process of an invention.

According to MPEP 1502, a design patent covers “the visual characteristics embodied in or applied to an article.” This means that design patents focus on how something looks, rather than how it works.

The MPEP further states that the design “must be a definite, preconceived thing, capable of reproduction and not merely the chance result of a method.” This emphasizes that the design must be intentional and reproducible, not accidental.

To learn more:

• design patent
• utility patent
• ornamental design
• functional aspects
• visual characteristics
• article of manufacture