Design Patent vs. Utility Patent

In intellectual property law, patents are exclusive rights granted to a party to protect an original concept or design. They enable inventors to commercialize items they create or take legal action against should another party infringe upon their rights.
Design patents and utility patents are two distinct types of patent, each of which has different requirements and offers a different type of protection to the inventor and company that holds it. Understanding the difference between the two is important for manufacturers who wish to protect unique aspects of their products.

What is a design patent?

A design patent is one which relates the visual appearance of a manufactured item. It covers ornamentation on a product’s surface, as well as its unique shape and/or configuration. This type of patent is commonly sought to protect the ornamental design of products like jewelry, furniture, electronic devices, and automobiles, in industries where the visual appeal and aesthetic of a product are central to its manufacturer’s brand and market share.
Design patents are granted to original, novel designs that are not obvious to other manufacturers operating in the same field. Additionally, they grant exclusive rights over the aesthetic ornamental design of an item but provide none as to the functional aspects or features of the product.
Once an inventor or company has secured a design patent, they are granted exclusive rights over the design for a set duration, typically without any additional fees after the initial cost of filing the application. In the USA, a design patent protects the holder for 15 years from the date of issuance, and cannot be renewed after expiry, however, laws can vary to some extent between countries.

What is a utility patent?

A utility patent differs from a design patent in that it gives exclusive rights to the functional aspects of a product. It offers no protection over the aesthetic or ornamental features of an item but instead protects any original function or process that comprises its use. Utility patents are commonly sought to protect products that demonstrate a high level of innovation, such as in technological, engineering, and scientific fields.
To be eligible for a utility patent, an invention must first and foremost be useful and must be categorized as a process, a machine, a manufacture, or a composition of matter. In addition, the function of the product must be novel in some way, and it must not be obvious to other manufacturers operating in the same field.
Once an inventor or company has secured a utility patent, there is protection for a set period, and maintenance feeds are typically required to keep the patent in force. In the USA, a design patent lasts for 20 years from the date of issuance and cannot be renewed once it expires, though the specifics around utility patents vary from one country to the next.