September 19, 2021

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Design vs. Utility Patent: What are the Differences? (Everything you need to know…)

2 min read

What are the differences between design and utility patents? Which one is right for your invention? Watch to find out! (FREE resources included below…) ⏬

Registered USPTO patent attorney, J.D. Houvener from Bold Patents Law Firm, explains design vs. utility patents!

Below we have provided resources and timestamps with brief explanations for each difference of design vs. utility patents.

Quickly find what you are looking for by clicking on the timestamps below.

➡️1:16 What’s Being Protected?

✔️Utility patents protect what an invention does.
✔️Design patents protect what a product looks like.

➡️2:05 Can I File a Provisional?

✔️It’s simple! For a utility patent, yes; for a design patent, no.

➡️3:20 What Do the Fees Look Like?

✔️Either way, there’s a range, not a set answer!
✔️Generally, know that a utility patent will be more expensive.

➡️ 3:55 What is the Search Like?

✔️Design patent searches aren’t as easy–you can’t search keywords for drawings!

➡️ 4:33 Attorney’s Fees

✔️Just like application fees, expect more for utility.

➡️6:07 Office Actions

✔️It’s easier for an examiner to find conflicting prior art for a utility patent.
✔️On a design patent application, pay attention to the detail of your drawings–an examiner can make a rejection based on a drawing error.

➡️8:08 What is the Time Frame?

✔️For a utility patent, expect anywhere from 1-4 years.
✔️Design patents will typically be processed somewhat faster.

➡️8:58 What Do I Get Out of It?

✔️For a utility patent, 20 years of protection; for a design, 15.
✔️The difference is negligible! Your 20 years starts the moment a utility patent is filed, while a design patent’s period of protection doesn’t start until you’re officially approved.

➡️9:45 Acting on Infringement

✔️To determine infringement for a utility patent, look at the claims.
✔️For design, it’s all in the drawings.

➡️10:43 Patent Litigation

✔️Like every other cost, utility litigation fees will be lower.

✏️ BONUS RESOURCES✏️

🔹 Check out our detailed blog article that explains design vs. utility patents in more depth: https://boldip.com/blog/utility-patent-vs-design-patent/

🔹 Learn how to file a utility patent application: https://www.youtube.com/watch?v=L1-AwTE0A_E&t=5s

🔹 Ready for the next step? Learn how to patent an idea! https://boldip.com/blog/how-to-patent…

🔹 Get your FREE "Inventor’s Guide to Patents:" https://boldip.com/free

🔹 Live to your purpose! Protect and bring to market your visionary idea by booking your free consultation! https://boldip.com/contact

🔹 FREE Facebook live every Thursday at 9AM PST! Ask a registered USPTO patent attorney anything! Just go to our Facebook page at 9AM PST on Thursday. https://www.facebook.com/boldpatents/

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