Difference Between Design and Utility Patent
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This video will help you
This video will help you understand the design patent vs. utility patent and which one works best for your invention.
So one of the examples that I have for you is a watch. There are multiple ways of protecting the watch. If you wanted to protect the functionality of the watch or the mechanism inside of how it works, (even where the dial is and how the dial works to change the time, even a new clasp for example) that would be covered under a utility patent. Now, if you wanted to cover the design of the watch, the face of the watch, the metal around it, the glass on top, you could protect that with a design patent.
(0:54) The Anatomy of a #Patent
Let's look at the anatomy of the patent and the difference of what the utility and design patent look like. Here we have a #designpatent and you'll notice the patent number and patent date. The number of the issued patent starts with a “D” and that means a design patent. Additionally, you'll notice that there's only one claim and it's the ornamental design in this case for a watch dial. And you'll have a description of four figures for the watch.
Whereas for a #utilitypatent, you'll notice that the patent number does not have that letter “D” in front of the patent number. You'll notice that there is a lot of wording and we'll find some drawings as well. And then at the end of the patent, you will see what we called the claims of your intellectual property for utility patents and this is what you're trying to protect. Everything else is an explanation in the definition of what you want to protect in the watch.
In design patents what you send in your drawings is your designs. So if someone wants to make this square,or if someone decided to change the watch face to a square design and move the numbers around and move the dials around, you would no longer be protected. What you're protected for here is the indicated drawings and what this looks like so if this was looking different you're not protected anymore.
Whereas it takes a little bit more work to infringe and get around with a utility patent you would need to look at the claims and look at some of those limitations of that claim.
As far as time frame goes and length of the process it is typically easier and shorter to obtain a design patent than utility patent unless you expedite the process and pay the extra fee. Design patents tend to be cheaper than utility patents. You can protect your design with fees for around $ 3,000 maybe less than that. The level of protection is also different as we just discussed here for the design patent you're covering.
Whereas utility patents tend to be more expensive somewhere between $ 5,000 or $ 6,000 thousand going up to $15,000 depending on the complexity of your invention. Here, you are looking to cover the functionality so essentially you're covering more than just one way of doing things usually and more than one environment and different ways of achieving that same functionality.
I hope this helps and helps answer some of your questions regarding the difference between a design patent and a utility patent and which one will work best for your case and depending on what you want to protect. If you have any questions or comments make sure to drop your questions and comments below and make sure to subscribe.
So one of the examples that I have for you is a watch. There are multiple ways of protecting the watch. If you wanted to protect the functionality of the watch or the mechanism inside of how it works, (even where the dial is and how the dial works to change the time, even a new clasp for example) that would be covered under a utility patent. Now, if you wanted to cover the design of the watch, the face of the watch, the metal around it, the glass on top, you could protect that with a design patent.
(0:54) The Anatomy of a #Patent
Let's look at the anatomy of the patent and the difference of what the utility and design patent look like. Here we have a #designpatent and you'll notice the patent number and patent date. The number of the issued patent starts with a “D” and that means a design patent. Additionally, you'll notice that there's only one claim and it's the ornamental design in this case for a watch dial. And you'll have a description of four figures for the watch.
Whereas for a #utilitypatent, you'll notice that the patent number does not have that letter “D” in front of the patent number. You'll notice that there is a lot of wording and we'll find some drawings as well. And then at the end of the patent, you will see what we called the claims of your intellectual property for utility patents and this is what you're trying to protect. Everything else is an explanation in the definition of what you want to protect in the watch.
In design patents what you send in your drawings is your designs. So if someone wants to make this square,or if someone decided to change the watch face to a square design and move the numbers around and move the dials around, you would no longer be protected. What you're protected for here is the indicated drawings and what this looks like so if this was looking different you're not protected anymore.
Whereas it takes a little bit more work to infringe and get around with a utility patent you would need to look at the claims and look at some of those limitations of that claim.
As far as time frame goes and length of the process it is typically easier and shorter to obtain a design patent than utility patent unless you expedite the process and pay the extra fee. Design patents tend to be cheaper than utility patents. You can protect your design with fees for around $ 3,000 maybe less than that. The level of protection is also different as we just discussed here for the design patent you're covering.
Whereas utility patents tend to be more expensive somewhere between $ 5,000 or $ 6,000 thousand going up to $15,000 depending on the complexity of your invention. Here, you are looking to cover the functionality so essentially you're covering more than just one way of doing things usually and more than one environment and different ways of achieving that same functionality.
I hope this helps and helps answer some of your questions regarding the difference between a design patent and a utility patent and which one will work best for your case and depending on what you want to protect. If you have any questions or comments make sure to drop your questions and comments below and make sure to subscribe.
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