Michael J. Foycik Jr., Esq.

THE DIFFERENCE BETWEEN DESIGN AND UTILITY PATENTS

In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. Articles of manufacture may possess both functional and ornamental characteristics.

Information Source: www.uspto.gov
Category: The Difference Between Design and Utility Patents, Utility Patent vs Design Patent