The Difference Between "Design" and "Utility" Patents

In general terms, a "design patent" protects the way an article looks, while a “utility patent” protects the way an article is used and works. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. Articles of manufacture may possess both functional and ornamental characteristics.

Filing a Design Patent Application

Design patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

To get a U.S. utility patent, an application must be filed in the U.S. Patent and Trademark Office (PTO). You can use the PTO's electronic filing system to submit a utility patent application to the U.S. Patent & Trademark Office. A Utility Patent Application Transmittal Form (Form PTO/SB/05) or a transmittal letter should be filed with every patent application to instruct the USPTO as to what actual types of papers are being filed (e.g., specification, claims, drawings, declaration, information disclosure statement). It identifies the name of the applicant, the type of application, the title of the invention, the contents of the application, and any accompanying enclosures. Get more information from the PTO: A Guide to Filing a Non-Provisional (Utility) Patent Application.