How does a design patent application differ from a utility patent application?

Design patent applications and utility patent applications are distinct types of patent applications, each protecting different aspects of an invention. According to MPEP 201:

‘Design applications are not included in the term ‘nonprovisional’ as used in 37 CFR 1.9. […] Design applications are treated separately in 35 U.S.C. 171-173 and 37 CFR 1.151-1.155.’

Key differences include:

  • Subject Matter: Utility patents protect how an invention works, while design patents protect how it looks.
  • Duration: Utility patents last 20 years from filing, design patents 15 years from grant.
  • Examination Process: Design applications typically have a simpler examination process.

For more information on design patent, visit: design patent.

For more information on patent application types, visit: patent application types.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: design patent, patent application types