You’ve invented something unique that you are really proud of. Before telling everyone about your invention, you know that you should likely look into “patenting” it. Did you know that there are different types of patents you can apply for? For purposes of this discussion, we’ll look at design patents versus utility patents and what’s better for you.
A design patent protects the “new, original and ornamental design for an article of manufacture.” A utility patent, on the other hand, protects “any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.” In other words, a design patent allows an inventor to protect the way an invention looks while a utility patent protects the way something is used and made.
If the functionality of the invention is not separable from the alleged functionality of its design, it would not be possible to obtain a design patent on an article of manufacture, or to obtain both design and utility patents on the same article of manufacture. Examples of design patents include the designs of jewelry, furniture, and various car parts. To further illustrate, let’s take the hood of a car as an example. Every car has one and there is nothing unique about a hood. The only thing that changes from car to car is the actual design of the hood. This would be covered under a design patent. Let’s say that you developed a new hood with a unique engine cooling system incorporated within it. This would be something you would likely want to get a utility patent on.
Do you want to protect how it works or how it looks? That’s the question to keep in mind when you are considering patent protection.
When to file both:
There are instances when it would be beneficial for you to file both a utility patent and a design patent. If your invention is unique in both function and design, then you should consider filing for both applications. This is something you should speak to a patent attorney about to consider your options.
