What is a design patent application and how does it differ from a utility patent application?
Design patent applications and utility patent applications are two distinct types of patent applications that protect different aspects of inventions. According to MPEP 201:
- Design Patent Application: “An application for a design patent filed under 35 U.S.C. 171 may be referred to as a design application.” Design patents protect the ornamental appearance of an article of manufacture.
- Utility Patent Application: These applications protect the functional aspects of an invention, including processes, machines, articles of manufacture, and compositions of matter.
The key differences are:
- Subject Matter: Design patents cover appearance, while utility patents cover functionality.
- Duration: Design patents last for 15 years from issuance, while utility patents last for 20 years from the filing date.
- Examination Process: Design patent applications typically have a simpler examination process.
For more details on utility patents, refer to 35 U.S.C. 101, and for design patents, see 35 U.S.C. 171.
For more information on design patent, visit: design patent.
For more information on patent applications, visit: patent applications.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure