Utility Patent vs Design Patent: Key Differences to Know

Every Amazon seller is familiar with the term "patent". However, not all sellers know that there are several types of patents in the United States. The most common ones are utility patents and design patents. 

These two types of patents protect different rights of intellectual property. Today, we'll give a short and helpful explanation of these two patents, so you can pick the right one easily.

Note. Seller Assistant App's partner - e-com law firm Solver prepared this post. Solver is a leading law firm. They specialize in assisting companies such as Amazon, Etsy, Payoneer, PayPal, and Wise with account and listing suspensions. They've successfully resolved over 2,000 cases and saved around 4 million US dollars for their clients.

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What is a Design Patent vs Utility Patent?

Utility Patent

This patent protects rights to a useful invention, machine, or formula. Additionally, a utility patent may protect rights to improve the items above. The utility patent will safeguard how your invention works and its benefits to society.

Design Patent

This patent protects only the visual aspects of your invention. It's important to distinguish a design patent from a copyright, as the former exclusively protects the ornamental design and shape.

Utility Patent vs Design Patent Key Differences

Duration

A utility patent typically provides protection for up to 20 years, whereas a design patent has a limitation of 15 years.

Patent Application Time

A utility patent is more complex compared to a design patent. Preparing a utility patent application takes more time as, in addition to drawings, you need to provide detailed claims, which will be the main argument for protecting your rights. The average time for obtaining a utility patent is twice as long as for a design patent.

Territoriality

Both utility and design patents are valid only in the country of registration. If your invention is registered in the US, it will be protected solely in that country.

Multiple Patents for a Single Invention

It's essential to understand that utility and design patents protect entirely different rights. Therefore, you can obtain both a utility patent and multiple design patents simultaneously for the same invention.

Final thoughts

In conclusion, the choice between a utility patent and a design patent depends on the nature of the invention and the aspects an inventor seeks to protect. A utility patent offers broader protection for complex innovations with functional elements, whereas design patents are more suitable for preserving the unique visual appearance of an invention.