Design vs. Utility Patents

What are the differences between design and utility patents? Which one is right for your invention? Watch to find out!

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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.

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🚀 Top Inventor Resources 🚀

FREE PDF BOOK: https://boldip.com/patent-book
Patent Process: https://boldip.com/patent-process
Patent Search Process: https://boldip.com/pso-process
Patent Pending Guide: https://boldip.com/patent-pending
Patent Prosecution: https://boldip.com/patent-prosecution-flowchart
PCT/International Guide: https://boldip.com/pct-guide
Patent Portfolio Guide: https://boldip.com/patent-portfolio-guide

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LEGAL-ISH DISCLAIMER
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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Видео Design vs. Utility Patents канала J.D. Houvener / Bold Patents Law Firm