Utility Patent or Design Patent: Which One Applies to Your Product?
Trying to decide between a utility patent and a design patent? Learn what each type protects, how they differ, and when both may apply to the same product.
Inventipedia
9/19/20269 min read
If you have invented a product, you may be wondering whether you need a utility patent, a design patent, or potentially both.
The basic distinction is straightforward:
Utility patents protect how an invention works, how it is used, or certain functional aspects of what it does.
Design patents protect the ornamental appearance of an article of manufacture, including its shape, configuration, surface ornamentation, or a combination of these.
The two types of patents protect different aspects of an invention. In some cases, a single product can potentially qualify for both types of protection if it has both functional and ornamental characteristics.
Quick answer: If the important part of your invention is what it does or how it works, you may be looking at a utility patent. If the important part is how a product looks, a design patent may be relevant. The distinction can be more nuanced for products that have both functional and ornamental features.
What is a utility patent?
A utility patent is generally used to protect a new and useful process, machine, article of manufacture, composition of matter, or improvement of one of these.
In practical terms, utility patents are generally concerned with the functional aspects of an invention: what it does, how it operates, how its components interact, or how a process is carried out.
For example, imagine you develop a new type of water bottle with a valve mechanism that prevents leaks when the bottle is turned upside down. If the inventive part is the mechanism that produces that result, the functional invention could potentially be the subject of a utility patent.
Utility patents can cover many different kinds of inventions, including:
Mechanical devices
Electrical systems
Software-related inventions that meet applicable patent requirements
Manufacturing processes
Chemical compositions
Improvements to existing products or processes
If you're starting from the question of whether your invention is patentable at all, see our guide to how to know if your invention is patentable.
What is a design patent?
A design patent protects the visual ornamental characteristics embodied in or applied to an article of manufacture.
That can include:
The shape or configuration of a product
Surface ornamentation
A combination of shape and surface ornamentation
The key is that a design patent protects the appearance of the article, rather than its underlying function. The USPTO explains that a design patent may cover the way an article looks, while a utility patent generally covers the way an article is used and works.
For example, imagine two products that perform the same basic function but have distinctly different ornamental shapes. A design patent may potentially protect the distinctive appearance of one product even though the underlying function is not unique.
Design patents are also closely tied to their visual disclosure. The USPTO states that the drawing or photograph in a design application constitutes the visual disclosure of the claimed design, making clear and complete views particularly important.
For more on this, see our Patent Drawings Guide.
Utility Patent vs. Design Patent at a Glance
The easiest way to understand the difference is to look at what each type of patent is intended to protect.
Utility Patent
Generally protects:
How an invention works, how it is used, or its functional characteristics.
Can cover:
Processes, machines, articles of manufacture, compositions of matter, and improvements to these.
Main focus:
Function and utility.
Drawings:
Used when necessary to understand the invention and may show components, relationships, systems, or processes.
Patent term:
Generally up to 20 years from the relevant non-provisional filing date.
Can it apply to the same product as a design patent?
Yes. A product can potentially have both utility and design patent protection when it has qualifying functional and ornamental aspects.
Design Patent
Generally protects:
The ornamental appearance of an article of manufacture.
Can cover:
The shape, configuration, surface ornamentation, or a combination of these.
Main focus:
Appearance and ornamentation.
Drawings:
Central to showing the claimed design and must provide a sufficient visual disclosure of the design.
Patent term:
Generally 15 years from the date of grant for design applications filed on or after May 13, 2015.
Can it apply to the same product as a utility patent?
Yes. A product can potentially have both types of protection when the applicable requirements are met.
In simple terms:
A utility patent generally concerns what an invention does or how it works. A design patent generally concerns what an article looks like.
The term for a utility patent and the term for a design patent are measured differently. For qualifying utility applications, the utility patent term is generally 20 years from the U.S. filing date of the relevant non-provisional application. A design patent filed on or after May 13, 2015 generally has a 15-year term measured from the date of grant.
What does a utility patent protect?
A utility patent can protect functional aspects of an invention.
Consider a hypothetical kitchen appliance with:
A new internal mechanism
A particular arrangement of components
A new method of operating the appliance
A process for producing a particular result
Those are the kinds of characteristics that fall within the general territory of utility patent protection.
The exact scope of protection, however, is determined by the claims of the patent. A utility patent does not simply give its owner ownership of every product that looks similar to the invention.
A U.S. patent generally gives its owner the right to exclude others from making, using, offering for sale, selling, or importing the patented invention in the United States, rather than automatically giving the owner the right to practice the invention themselves.
What does a design patent protect?
A design patent protects the ornamental design of an article of manufacture.
This can involve the overall shape of a product, a particular configuration, surface ornamentation, or a combination of these features.
For example, a company might sell a lamp whose underlying electrical operation is conventional but whose distinctive housing and ornamental configuration are new and original. The appearance could potentially be relevant to design patent protection even if the underlying electrical function is not new.
However, a design cannot qualify merely because it happens to be visible. The USPTO notes that an appearance dictated primarily by function is not proper design-patent subject matter.
That distinction is important: not every attractive product is automatically a candidate for a design patent.
Can the same invention have both a utility and design patent?
Yes.
This is one of the most important things to understand when comparing the two.
The USPTO specifically recognizes that an article can have both functional and ornamental characteristics, and that both utility and design patents may be obtained when an invention has both functional utility and ornamental appearance that meet the applicable requirements.
For example, imagine you invent a new type of bicycle helmet.
The helmet might have:
A new ventilation system
A new impact-management structure
A distinctive exterior shape
The functional aspects could potentially be relevant to a utility patent, while the ornamental appearance could potentially be relevant to a design patent.
These would be separate forms of patent protection. One would not simply substitute for the other.
How are the drawings different?
Drawings matter for both types of patent applications, but they serve somewhat different purposes.
For a utility patent, drawings are required when necessary to understand the subject matter of the invention. They can show things such as components, relationships between parts, system configurations, or steps of a process.
For a design patent, the visual disclosure is particularly important because the claimed design is defined by what is shown in the application. The USPTO requires a sufficient number of views to provide a complete disclosure of the appearance being claimed.
That is why a design patent drawing is not simply an illustration of the product. It is part of the legal disclosure of the design itself.
If you're preparing drawings for an application, our Patent Drawings Guide goes into more detail.
Example of a utility patent drawing showing the functional components of a folding chair. Source: U.S. Patent No. 2,538,637.
Are utility patents more expensive than design patents?
The costs are different because the USPTO uses different fee structures for utility and design patent applications.
The total cost of pursuing either type can also extend beyond the initial government filing fees. Depending on the application and how it is prepared, an inventor may also have costs associated with professional assistance, drawings, searches, responses to USPTO correspondence, and other parts of the process.
Because USPTO fees can change, check the current fee schedule before relying on specific dollar amounts. You can also read our guide to How Much Does a Patent Cost?.
The type of patent you need should be based on the invention and the kind of protection you are seeking, not simply on which application has the lower filing fee.
Can you get a design patent for a functional invention?
Not simply because the invention is functional.
A product can have both functional and ornamental characteristics, but a design patent is directed to the ornamental design rather than the underlying function.
The USPTO specifically notes that a design whose appearance is dictated primarily by function is not proper design-patent subject matter.
For example, if a component can only have one possible shape because that exact shape is required for it to perform its function, that functional necessity can create problems for design-patent protection.
On the other hand, a product can have a functional purpose while also having ornamental characteristics that are not dictated solely by that function.
Which type of patent should you consider?
The starting question is usually:
What is actually new about your invention?
If the potentially patentable aspect is primarily:
How it works → a utility patent may be relevant.
How it looks → a design patent may be relevant.
How it works and how it looks → both types may potentially be relevant.
That is only a starting point, though. Patentability depends on the applicable legal requirements, including factors such as novelty and nonobviousness for utility patents and the requirements applicable to design patents.
Before deciding what to file, it can be useful to document your invention and research existing patents and other prior art.
See our guides on how to do a patent search and how to search for a patent by inventor name to learn more about researching existing patents.
What if you're not sure which type applies?
If you're unsure whether the important part of your invention is functional, ornamental, or both, start by describing the invention in plain language.
Ask yourself:
What problem does the invention solve?
What is new about the way it works?
What is new about its appearance?
Could the functional aspects be separated from the visual design?
Are there existing products or patents that appear similar?
This can help you understand what you are actually trying to protect before you begin the filing process.
For a broader overview, start with Patent Basics, then see our guide to the Patent Filing Process.
Common misconceptions about utility and design patents
"A design patent protects the whole product."
Not necessarily.
A design patent protects the claimed ornamental design as shown and described in the application. It does not automatically give broad protection over every functional aspect of the product.
"A utility patent protects the appearance of my invention."
Not generally.
A utility patent is directed to functional subject matter, while ornamental appearance is the territory of design patents.
"I have to choose one or the other."
Not always.
A product can potentially be protected by both a utility patent and a design patent when the invention has qualifying functional and ornamental aspects.
"If something looks different, it automatically qualifies for a design patent."
No.
A design must satisfy the applicable requirements for patentability, including being new, original, and ornamental. An appearance dictated primarily by function can also be excluded from design-patent protection.
Frequently asked questions
Is a utility patent better than a design patent?
There is no universal answer. They protect different things. The relevant question is what aspect of your invention you are trying to protect.
Can I file both a utility patent and a design patent?
Yes, in some circumstances. If an article has both functional and ornamental aspects that meet the applicable requirements, separate utility and design patent protection may be possible.
How long does a utility patent last?
A qualifying utility patent generally has a term of up to 20 years from the relevant non-provisional filing date, subject to applicable rules and adjustments.
How long does a design patent last?
For design applications filed on or after May 13, 2015, the patent term is generally 15 years from the date of grant.
Do design patents require drawings?
Yes. A design application must include a drawing or photograph showing the claimed design, and the visual disclosure is a critical part of the application.
Can software have a design patent?
Design patents protect the ornamental design of an article of manufacture. Whether a particular software-related subject matter qualifies depends on what is being claimed and how it is embodied. The question is more specific than simply asking whether software "looks" a certain way.
What should I do before filing?
Start by understanding the invention, identifying what is potentially new, and researching existing patents and other prior art. Our Patent Filing Process guide walks through the broader process.
Final thoughts
Utility patents and design patents are not competing versions of the same protection. They are different forms of patent protection aimed at different aspects of an invention.
A utility patent generally focuses on how an invention works, while a design patent focuses on its ornamental appearance. Some products can potentially qualify for both.
Understanding that distinction before you start preparing an application can help you ask better questions, conduct more useful patent research, and understand what you are actually trying to protect.
For more patent guidance, continue exploring Inventipedia below.
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Example of a design patent drawing showing multiple views of a folding chair's ornamental design. Source: U.S. Design Patent No. D168,518.
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