What is the difference between a utility patent and a design 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.

Utility patents and design patents protect different aspects of an invention, and their applications are processed differently. According to MPEP 201.02:

‘A utility application is a nonprovisional application that is not a design application. A design application is an application for a design patent.’

Key differences include:

• Utility Patent Application:
  • Protects the functional aspects of an invention
  • Covers how an invention works or is used
  • Has a term of 20 years from the filing date
• Design Patent Application:
  • Protects the ornamental design of a functional item
  • Covers how an invention looks
  • Has a term of 15 years from the grant date

Inventors should carefully consider which type of patent application best suits their invention’s nature and intended protection.

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

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

For more information on USPTO, visit: USPTO.