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

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

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.

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Tags: design patent, Intellectual Property Protection, Patent Types, Utility Patent