How does a design patent differ from a utility patent?

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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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Must Be Applied to Article of Manufacture MPEP 1502 Prohibited Design Must Be Applied to Article of Manufacture MPEP 1502 Difference Between Design and Utility Patents MPEP 1502.01 Design Must Be Embodied in an Article of Manufacture MPEP 1504.01 Required Both Design and Utility Can Protect Articles With Both Functionality and Aesthetics MPEP 1502.01 Permitted Design Must Be Embodied In Article Of Manufacture MPEP 1504.01 Design Patent Application May Include Configuration, Surface Ornamentation, or Both MPEP 1502 Permitted Design Patent Only for Applied Design MPEP 1502 Ornamental Appearance Includes Shape and Surface Ornamentation MPEP 1502.01 Design Claimed Not the Article Itself MPEP 1502 Other Related FAQs 5 FAQs Collapse What types of visual characteristics can be protected by a design patent? Can a design patent protect a design in the abstract? Can a design patent protect a pattern or surface ornamentation alone? ...