Patent Attorney and Founder
Hey there, good morning! I’m JD Houvener, founder and patent attorney here at Bold Patents.
Over the past 10+ years, I’ve worked with all kinds of inventors. Today, I want to clear up a question I get all the time:
Should you file a design patent or a utility patent?
Let’s break it down.
Design patents protect how something looks, the shape, the surface, the appearance. Think of a phone case, a sneaker sole, or a bottle shape. If someone makes something that looks too close to your design, even if it works differently, you’ve got legal grounds.
They’re usually easier (and faster) to get approved. But they only last 15 years. And here’s the thing: you don’t “own” words with a design patent, you own the drawings. Solid black lines, shading, and contours. That’s it.
Utility patents, on the other hand, protect how something works. You’re claiming the functionality, what your invention actually does. These last 20 years and are usually worth more, but they’re tougher to get. You’ll need to describe exactly what makes it different in writing, through something called “claims.”
Now, yes, utility patents can be trickier to enforce. Every word matters. A single term could make or break your case. But if you land one, it’s powerful.
Design patents? Way simpler to enforce. The legal test is: Would an ordinary person think the two products look the same? If so, you’ve got a case.
Here’s my advice:
If you’ve got a physical product, go for both.
Why?
- Utility covers how it works.
- Design covers how it looks.
Together, you’ve got much better protection. It’s like wearing both a belt and suspenders.
That’s a quick look at the difference between design and utility patents. Got more questions? Let’s talk. Head over to boldip.com and book a free discovery call.
I’m JD Houvener with Bold Patents.
Go big. Go bold.