Patents are essential tools for inventors, entrepreneurs, and businesses to protect their innovations. However, understanding the types of patents available is crucial. The two most common types are design patents and utility patents.
If you are interested in obtaining a patent for your invention, the team at Schell IP is here to help. Read more about utility vs. design patents and how a patent attorney can help you.
Understanding Patents
Before diving into the differences, let’s briefly understand what patents are. A patent is a legal document granted by the government, giving an inventor exclusive rights to make, use, and sell their invention for a certain period. Patents encourage innovation by ensuring inventors can profit from their creations.
You must consult a licensed patent attorney if you are interested in getting a patent. Getting a patent granted involves many steps, including drafting the application, submitting the application to the US Patent and Trademark Office (USPTO), and awaiting review.
Once a patent is granted, the patent holder is responsible for maintaining the fees to keep the patent and enforcing the patent if someone infringes. In both instances, we always recommend consulting a patent attorney for support.
Read more about how to file a patent here.
What is a Utility Patent?
A utility patent, often referred to as a “patent for invention,” covers new and useful processes, machines, articles of manufacture, or compositions of matter. This type of patent is the most common and provides broad protection.
Utility patents can cover a wide range of inventions, such as:
- New software algorithms
- Medical devices
- Engine designs
- Chemical formulations
These patents focus on the functional aspects of an invention.
What is a Design Patent?
A design patent protects the ornamental design of a functional item. It covers the appearance but not the function of the item. This means you can protect the unique look of a product without covering its functional aspects.
Design patents are often used for:
- Unique shapes of smartphones
- Decorative elements on furniture
- Iconic car designs
- Fashion accessories
These patents focus on the aesthetic aspects of an invention, not the functional.
Design Patent vs. Utility Patent
Design patents, on the other hand, protect the way an invention looks or is designed, including its shape, configuration, special ornamentation, or color. Typically, design patents protect the ornamental design of an invention that is also functional. Design patents typically last for 15 years past the date of grant.
If design patents protect form, utility patents protect function. Utility patents protest the way a new (or improved) invention works or is used. Inventions also must be deemed useful in order for a utility patent to be granted. Utility patents typically last for 20 years from the filing date. When most people think of patents, a utility patent is what they think of.
Typically, utility patents are more expensive than design patents, typically ranging anywhere from $10,000 to $30,000 with attorney fees. This is due to the complexity of the application process and more rigorous review process. Utility patents require more detailed explanations, descriptions, and/or claims to properly capture their functions. Once granted the patent, the patent holder must pay maintenance fees on their utility patent at 3.5, 7.5, and 11.5 years to keep the patent in force.
Design patents are generally much less expensive than utility patents, ranging between $2,000 and $5,000 depending on the complexity of the design. Design patent applications are typically less complicated, therefore cheaper and involve a faster approval process. Design patents do not require additional maintenance fees.
Choosing the Right Patent for Your Invention
So, how do you know which patent is right for your invention? If you’ve ever unsure of which patent to choose, we always recommend consulting a patent attorney like the team at Schell IP. An attorney will take the time to review your invention and guide you to the correct patent type, before helping you draft your application.
If your invention offers a new and useful function, process, or composition of matter, a utility patent is the right choice. This type of patent will protect the functional aspects, ensuring competitors cannot replicate the innovation. For inventions involving complex technology, such as software, machinery, or chemical processes, a utility patent provides the broadest protection. This ensures that no one can copy the way your invention works.
If your invention’s primary value lies in its unique appearance, a design patent is the way to go. This type of patent ensures that competitors cannot copy the visual design of your product. For businesses looking to protect their product’s design without investing heavily, design patents offer a cost-effective solution. The simpler application process and lower costs make them accessible for many inventors.
Combining Utility and Design Patents
In some cases, it might be beneficial to apply for both a utility patent and a design patent. This dual approach provides comprehensive protection, covering both the functional and aesthetic aspects of an invention.
Consider smartphones. A utility patent can protect the innovative technology inside the phone, such as the software and hardware. Simultaneously, a design patent can protect the unique shape, button layout, and overall appearance. This dual protection ensures competitors cannot replicate either the functionality or the look of the smartphone.
Understanding the differences between design patents vs. utility patents is crucial for protecting your inventions effectively. If you are an inventor or entrepreneur, the team at Schell IP in Boulder, Colorado is here to help you protect your innovations. Book a free consultation now.
