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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Design patents and utility patents protect different aspects of inventions: Design Patents: Protect the ornamental appearance of an article of manufacture. Utility Patents: Protect the functional aspects of an invention. According to MPEP 1504.01 : “A design for an article of manufacture may be embodied in the configuration or shape of the article, or in the surface ornamentation on the article, or in both.” In contrast, utility patents cover new and useful processes, machines, articles of manufacture, or compositions of matter. Design patents focus on how something looks, while utility patents focus on how something works or is used. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Must Be Embodied in an Article of Manufacture MPEP 1504.01 Required Design Must Be Embodied In Article Of Manufacture MPEP 1504.01 Design Claim Must Be Embodied In Article of Manufacture MPEP 1504.01 Permitted Design Must Include Ornamental Surface or Configuration MPEP 1504.01 Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Requirement for Sufficient Disclosure of Invention MPEP 1504.04 Requirement for Sufficient Disclosure of Invention MPEP 1504.04 Requirement for New Ornamental Design MPEP 1504.01 Permitted Picture Standing Alone Not Patentable MPEP 1504.01 Provisions for Designs Apply to Patents MPEP 1504.01 Required Other Related FAQs 5 FAQs Collapse What are the requirements for design patent protection? What types of subject matter are not eligible for design patent protection? Can a picture or abstract design alone be patented as a design patent? What qualifies as statutory subject matter for design patents? What are the requirements for a design to be c...