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You are here: Home / Patent Applications / Design patents: pros and cons

Design patents: pros and cons

December 19, 2012 by James Yang

Basic types of patents

Three types of patents are issued by the United States Patent and Trademark Office.

1. Utility patent;
2. Design patent; and
3. Plant patent (not discussed here).

Basic differences between utility and design patents

Each of these types of patents cover different aspects of an invention.

Utility patents protect functional features. Design patents protect ornamental features such as shapes and patterns. Plant patents protect asexually reproducing plants.

Although utility and design patents protect mutually exclusive aspects of the same product, it protects different features of a product. Typically, start ups will have an idea to improve a specific problem in an industry. This improvement is typically a functional improvement in that the idea makes something better, faster, cheaper, smoother, etc.

Once a working embodiment of the idea is built, the shapes of the prototype may be protected by a design patent. Since design patents protect only what is shown in the drawings, it is important to file the design patent application with the actual look of the product as it will be sold. If your product looks different from the design shown in the design patent, you may have a product that is not protected by the design patent which was supposed to protect the product.

Limitations of a design patent

The cons of a design patent is that it only provides a narrow scope of patent protection. It only protects what is shown in the drawings. If a competitor copies your product but makes it look different then there is no design patent infringement.

Benefits of a design patent

The pros of the design patent is that:

1. Design patent applications historically have a higher allowance rate than utility patent applications.
2. Design patents applications are examined quicker than utility patent applications. Instead of waiting 2 or 3 years for a utility patent application to be filed, design patents applications may be examined and allowed within one year. Hence, you can mark your product patented quicker
3. If the design is important for the sale of the product, then the design patent operates optimally. For example, design patents are great for exterior replacement parts where owners want the exterior to look like the original (e.g., vehicle replacement parts).

I invite you to contact me with your patent questions at (949) 433-0900 or [email protected]. Please feel free to forward this article to your friends. As an Orange County Patent Attorney, I serve Orange County, Irvine, Los Angeles, San Diego and surrounding cities.

Related Articles for Patent Applications

  • How to respond to an office action?
  • Request for non-publication of a patent application
  • Anatomy of a patent document
  • How to write a broad patent application?
  • Design patents: pros and cons
  • How not to write the background section of a patent application?
  • Avoid disparaging prior art in patent application
  • Broad claims pose enablement issues
  • Claim Drafting Tip: Avoid means plus function claims
  • Functional language invalidates patent claim
  • Transitional phrase in a claim determines scope of patent protection
  • Patent Drafting Tip: Alternative embodiments create prior art
  • Preparing Drawings for a Utility Patent Application
  • Expedited examination at the USPTO
  • Define the invention
  • Claim scope negatively impacted due to deleted info from provisional application
  • Limits on trade dress protection when also securing a utility patent
  • Means plus function without the MEANS trigger

Filed Under: Before filing a patent application, Patent application process, Patent Applications, Types of Patents Tagged With: Design Patents, Utility Patents

Author: James Yang

Helping entrepreneurs and mid-size businesses since 2004. Call me at (949) 716-8178 to schedule your free initial consultation. Read More…

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