Utility or Design Patent?

Should I Apply for a Design or Utility Patent?

Ask yourself, "What am I trying to protect? The function of an invention, or a unique design and look?" In certain circumstances, you may be trying to protect the function of an invention as well as its unique look, in which you could apply for both types of patents.

A utility patent protects an invention's function or process - what the invention does and how it does it.

A design patent protects the look of an item - and only the look, not any functions.

To learn more about design patents, read Understanding Design Patents. If your invention does not need a design patent, it likely needs a utility patent.

If you are uncertain of what type of patent to apply for, contact us and our Invention Consultants will be happy to help you.

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