The Difference Between a Design Patent & Utility Patent


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Patents are a form of intellectual property that grant exclusive rights to the owner to prevent others from practicing the invention for a specific time period. Patents are a good idea for start-ups because they allow the company to hold on to the exclusive rights to the invention and give them a competitive advantage. However, patents aren’t always the best option for small businesses and large corporations.

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What is a design patent?

A design patent is a patent that protects the appearance of an object. It protects the shape, lines, contours, pattern, or ornamentation of the product. It is not meant to protect the function of the product. It is intended to protect the design of the object. This is the only type of patent that can protect the appearance of a product.

What is a utility patent?

A utility patent is a patent that protects the invention of a new and useful process, the machine, article of manufacture, or composition of matter. A design patent is a patent that protects the ornamental design for an article of manufacture.

Which one should you use?

A design patent is meant to protect a unique and original design, whereas a utility patent is meant to protect an invention that has utility. If your invention has both a unique and original design and a utility, you should use both designs when applying for a patent.

Conclusion.

A design patent protects the design of an article of manufacture. It protects the shape, pattern, configuration, or ornamentation on an article of manufacture. A design patent is granted from the date of the application and lasts for 17 years. The owner of a design patent has the exclusive right to make, use, sell patents, or import the article of manufacture for the designated period. A utility patent protects the utilitarian aspects of an article of manufacture. It protects the function, composition, or method of manufacture of an article of manufacture. A utility patent is granted from the date of the application and lasts for 20 years. The owner of a utility patent has the exclusive right to make, use, sell, or import the article of manufacture for the designated period.

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John Robert

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