Design Patents and Utility Patents

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What is the difference between a design patent and a utility patent?

Design Patents and Utility Patents

Know which type of patent you will need.

The U.S. Patent and Trademark Office (USPTO) defines a design patent as a patent that “protects only the appearance of an article, but not its structural or functional features.” A utlitity patent, on the other hand, will protect the functional features of your invention.

The USPTO will only grant a utility patent to an invention if it is determined to be “a new, non-obvious and useful: process, machine, article of manufacture, composition of matter or an improvement to any of [the previously listed items].”

New inventors who would like to patent an idea while working with an invention help company can receive a referral to an independent patent attorney to help prepare and file a U.S. patent application with the USPTO.



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