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:

  1. Subject Matter: Design patents cover appearance, while utility patents cover functionality.
  2. Duration: Design patents last for 15 years from issuance, while utility patents last for 20 years from the filing date.
  3. 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
Tags: design patent, patent applications