Design Patents FAQs

Put simply, a design patent protects an article's design while a utility patent protects the article itself. This means that a design patent solely covers the visual, external appearance (ornamentation or shape) of the article. On the other hand, a utility patent covers the way the article functions (is made and used). In addition, utility patents can protect other types of inventions such as machines, processes and chemical compounds.

In some cases, an invention may qualify for both design and utility patent protection. Since they are distinct forms of protection, the inventor would need to apply for both types separately, to take advantage of both forms of protection.