A Simple Guide to Design Patents, Utility Patents, and Trademarks
Long ago, kings used patents to publicly grant rights. Today, patents still work the same way as they protect inventors by making their innovations public. Filing a patent prevents unauthorized copying while allowing others to learn from and build upon these innovations.
Understanding the differences between design patents, utility patents, and trademarks is essential for any innovator. Each protects a different aspect of your intellectual property, and choosing the right protection can make or break your success.
What Is A Design Patent?
Design patents are often confused with utility patents, but the key difference between design patents and utility patents is that design patents protect appearance, while utility patents protect how something works. The design includes the ornamental appearance of a product, like its shape, surface decoration, and overall aesthetic, but not how it works. In the U.S., design patents last 15 years from the date of grant and do not require maintenance fees.
Examples of iconic design patents are the Coca-Cola bottle, the iPhone, and the Croc shoe.
- Best for: Unique product aesthetics, UI icons, packaging designs
- Limitation: Does not protect function or internal mechanics
What is a Utility Patent?
Utility patents are the most common and cover functional aspects of inventions. They cover functionality, like how something works, is used, or is made. These patents can protect machines, processes, compositions of matter, or improvements to existing inventions. Utility patents in the U.S. last up to 20 years from the date of filing, with maintenance fees due over time.
Some famous utility patents include wireless Bluetooth connectivity, Apple AirPods, and Dyson Airblade technology.
- Best for: New technologies, mechanical devices, software algorithms
- Limitation: Often more expensive and time-consuming to obtain
What is a Trademark?
Trademarks are used to protect brand identifiers such as names, logos, slogans, or even colors and sounds that distinguish goods or services in the market. Unlike patents, trademarks can last indefinitely if they are actively used in commerce and do not require renewal.
Think about the Nike swoosh on athletic shoes, McDonald’s golden arches, and the distinctive shape of the Toblerone chocolate bar.
- Best for: Brand names, logos, taglines, packaging colors
- Limitation: Does not cover product functionality or appearance
Patents are made publicly available and can be found online on the United States Patent and Trademark Office’s website, or you can search through them on Google Patents.
Knowing the difference between design patents and utility patents, and when to use trademarks, is one of the most effective ways to protect your invention and build a lasting brand. Design patents guard aesthetics, utility patents protect functionality, and trademarks preserve brand identity. They are all legal tools that help inventors and companies guard their market position, publish discoveries, and maintain a competitive edge.
Curious about which type of intellectual property protection is right for your product, or need guidance with product development? Contact us at 773-290-1797 or info@startbeyond.com. We’d be happy to help you explore your options and bring your idea to life!
Top
