What is the difference between utility and design patents?

The main difference between utility and design patents is in what they protect:

  • Utility patents protect the way an article is used and works. They cover new and useful processes, machines, manufactures, or compositions of matter.
  • Design patents protect the way an article looks. They cover new, original, and ornamental designs for an article of manufacture.

The MPEP distinguishes between these types of patents by referencing different sections of U.S. Code: utility patents are provided for by 35 U.S.C. 101, while design patents are provided for by 35 U.S.C. 171.

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: design patent