In this article, you can discover…
- The different types of patents that exist and how they differ.
- How to decide which type of patent is best for your invention.
- How a seasoned patent attorney can help you navigate patent applications and their costs.
How Does A Utility Patent Differ From A Design Patent?
Utility patents cover inventions which function to perform some type of work or function. Examples of this include physical objects such as motors, which perform the function of powering a vehicle or appliance. Utility patents can also include software which performs the function of powering a computer.
On the other hand, design patents protect the shape or look of an object. For instance, an inventor might want to patent and protect the unique shape of a tool. The function of the invention is the same as that of similar inventions, but the appearance differs and merits protection.
A notable case involving design patents was the infringement lawsuit between Samsung and Apple in 2013. Apple claimed that Samsung infringed on their design patent by copying the rounded edges of the iPhone. Design patents focus specifically on the shape and look of a product.
How Do I Decide Which Type Of Patent To Apply For?
If your invention performs a function or utility, you’ll want to apply for a utility patent. Conversely, if you want to protect the look, design, or shape of an item, you should apply for a design patent.
To illustrate the difference, consider the various components of an electric truck. The unique software powering the truck’s infotainment system would qualify for a utility patent, as it performs a specific function. However, uniquely shaped headlights on that same truck would merit a design patent. One patent protects utility, while the other protects the shape and look.
My work with some of the top semiconductor manufacturing companies in the world has given me a deep appreciation for the complexity of these products. Semiconductors have an array of minute, intricate parts powering everything from mobile phones to computers and televisions. It’s truly remarkable how such a tiny item can contain millions of transistors and perform such complex tasks consistently.
Protecting this technology, along with the ideas and innovations behind it, has been incredibly rewarding for me. It’s one of the reasons why my work in patent law has been so meaningful and important throughout my 30 years of experience. For more information on Utility, Design, and Plant Patents Explained, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 349-1124 today.
