I
came across a series of interesting articles that illuminated the
fact that there are specific differences in Patent Filings.
These can be categorized into two sections; the way an invention looks (Design Patents) or the way an invention operates (Utility Patents). When you file your patent, it is up to you which avenue you decide to pursue. Obviously, a way a product works can sometimes impact on the way it looks and vice versa, however below are the main differences that I gauged from a series of articles.
Design Patents:
Aesthetic components safe from imitation
Protection for 14 years after the grant date
No maintenance fees required
Allows filing in US
These can be categorized into two sections; the way an invention looks (Design Patents) or the way an invention operates (Utility Patents). When you file your patent, it is up to you which avenue you decide to pursue. Obviously, a way a product works can sometimes impact on the way it looks and vice versa, however below are the main differences that I gauged from a series of articles.
Design Patents:
Aesthetic components safe from imitation
Protection for 14 years after the grant date
No maintenance fees required
Allows filing in US
Utility Patents:
Functionality of product safe from imitation
Protection for 20 years after application date
Maintenance fees are required
Allows filing of “international application
naming various countries”
I think most people go for utility patents (in the 6,000,000s) rather than design patents (in the 200,000s) because of the greater amount of protection utility patents provide for their owners. Also, the functionality of a product is what usually sets it apart from others in its class, especially in the smartphone industry. In my opinion, the maintenance fees and extended protection are well worth the investment.
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