What is a design patent application and how does it differ from a utility patent application?

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 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.