When it comes to protecting your inventions, understanding the difference between utility patent vs design patent is crucial. Whether you’re an entrepreneur, inventor, or a company innovating new products, your intellectual property (IP) is your most valuable asset.

At Prip LLC, we specialize in helping creators and businesses safeguard their ideas with the right type of patent. Many people confuse utility patents and design patents, assuming they’re interchangeable — but they protect entirely different aspects of an invention.

This in-depth guide explores everything you need to know about utility patent vs design patent, including what they are, how they differ, costs, examples, timelines, and which one is best for your innovation.

 

What Is a Utility Patent?

A utility patent protects how an invention works — its structure, function, or process. It covers the functional aspects of an idea rather than its appearance.

For example, if you invent a new type of smartphone battery that lasts longer or charges faster, a utility patent would protect that functional innovation.

Utility patents are the most common type of patent in the United States, representing about 90% of all patents filed with the U.S. Patent and Trademark Office (USPTO).

Key Features of Utility Patents

• Protects functional and operational features

• Requires detailed technical documentation

• Lasts up to 20 years from the filing date

• Takes longer to get approved (often 2–4 years)

• Usually more expensive to file and maintain

Example:
Think of the iPhone’s internal touch recognition system. The underlying software and hardware mechanisms are covered by utility patents, protecting how the phone detects and processes touch input.

 

What Is a Design Patent?

A design patent protects the visual appearance of an item — its shape, surface design, and ornamental features.

It does not protect how the product functions but rather how it looks. This type of patent is ideal for companies focusing on aesthetics, branding, and product differentiation.

For example, the unique curved shape of the Coca-Cola bottle or the sleek design of an Apple MacBook are protected under design patents.

Key Features of Design Patents

• Protects appearance, not functionality

• Easier and faster to obtain than utility patents

• Valid for 15 years from the grant date

• No maintenance fees after issuance

• Ideal for protecting distinctive product aesthetics

Example:
Apple famously used a design patent to protect the iPhone’s rectangular screen with rounded corners — a shape instantly recognizable worldwide.

 

Utility Patent vs Design Patent: The Core Difference

At a glance, the primary difference between a utility patent vs design patent lies in what each protects:

At Prip LLC, our IP attorneys often help clients decide which patent type fits their invention. Many inventions can even qualify for both types of patents simultaneously.

 

Why the Distinction Between Utility and Design Patents Matters

Understanding utility patent vs design patent is essential because it impacts your business strategy, protection scope, and long-term value. Filing the wrong patent type can leave key parts of your innovation vulnerable.

For example:

• If you file a design patent for an invention that relies on unique functionality, others can replicate the functional parts legally.

• Conversely, if you only have a utility patent, a competitor could copy your design and attract customers with visual appeal.

That’s why many successful companies — including those assisted by Prip LLC — often file for both types of patents to ensure comprehensive protection.

 

Examples: Utility Patent vs Design Patent in Action

Let’s look at a few real-world examples to understand how these patents differ in practical terms.

Example 1: Electric Toothbrush

• Utility Patent: Protects the vibration mechanism and motor technology.

• Design Patent: Protects the unique handle shape and color layout.

Example 2: Coffee Maker

• Utility Patent: Covers the water heating and brewing system.

• Design Patent: Covers the exterior housing and control button arrangement.

Example 3: Smartphone

• Utility Patent: Covers touchscreen functionality, camera software, and processor integration.

• Design Patent: Protects the outer casing, icon layout, and screen shape.

Example 4: Footwear

• Utility Patent: May protect the cushioning or material technology.

• Design Patent: Covers the visual design and pattern of the shoe.

At Prip LLC, we guide inventors in filing for both types of protection when necessary — ensuring that no competitor can copy either your idea or its design.

 

The Process of Getting a Utility Patent

Obtaining a utility patent involves multiple stages and can be time-consuming, but it provides extensive protection for your invention’s functionality.

Step 1: Patent Search

Before filing, it’s essential to perform a patent search to confirm your invention’s uniqueness. Prip LLC offers thorough patent searches to identify potential overlaps.

Step 2: Prepare the Application

Your application must include:

• A written description of the invention

• Claims defining the invention’s scope

• Detailed drawings or diagrams

• Abstract and specifications

Step 3: File with the USPTO

Once submitted, your patent enters the examination process, where a patent examiner reviews it for novelty and non-obviousness.

Step 4: Office Actions & Revisions

You may receive office actions requiring clarification or modification. This step can take months or even years.

Step 5: Patent Grant

If approved, you’ll receive a utility patent valid for 20 years from the date of filing, with maintenance fees due periodically.

 

The Process of Getting a Design Patent

Applying for a design patent is simpler and faster.

Step 1: Design Drawings

You’ll need professional drawings that showcase your product’s appearance from multiple angles.

Step 2: File the Application

The design patent application includes a title, description, drawings, and a single claim defining the visual aspects.

Step 3: Examination

A design examiner verifies that your design is new and not similar to existing ones.

Step 4: Grant

If successful, your design patent is granted — valid for 15 years with no maintenance fees required.

At Prip LLC, our design patent team ensures that your visuals are accurately represented and legally protected.

 

Cost Comparison: Utility Patent vs Design Patent

The cost of obtaining a patent can vary widely depending on complexity, attorney fees, and revisions.

Prip LLC offers flexible pricing options and consultation packages for both patent types.

 

Pros and Cons of Utility and Design Patents

 

Can You Have Both Utility and Design Patents?

Yes — and in many cases, you should.

If your invention includes both unique function and appearance, filing for both patents ensures dual-layer protection. For example:

• A smartwatch may have a new way to monitor health metrics (utility patent)

• Plus a distinct screen design and strap look (design patent)

Prip LLC often recommends this approach for high-value products that combine engineering innovation and consumer appeal.

 

Maintenance and Renewal Requirements

Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years after issuance. Missing these payments can cause your patent to expire early.

Design patents, however, require no maintenance fees, making them easier to manage long-term.

 

International Protection: Utility vs Design Patents

Patent laws vary worldwide, but the concept remains similar across jurisdictions.

• In Europe, design patents are known as Registered Community Designs (RCDs).

• In Japan and Korea, both utility and design protections are available under different systems.

• Prip LLC helps clients file international patents using the Patent Cooperation Treaty (PCT) system to secure global rights efficiently.

 

Why Choose Prip LLC for Patent Services?

At Prip LLC, we’re not just patent agents — we’re strategic partners helping you protect your innovations. Our team provides:

• End-to-end patent filing support (utility and design)

• Patent searches & prior art analysis

• Provisional patent filing for early protection

• International patent coordination

• Enforcement & infringement monitoring

Our mission is to simplify the patent process while maximizing your protection.

 

Frequently Asked Questions (FAQ)

1. What is the main difference between a utility patent and a design patent?

A utility patent protects an invention’s functionality, while a design patent protects its appearance.

2. Can one product have both types of patents?

Yes. Many products — like smartphones and appliances — have both utility and design patents.

3. How long does each patent last?

A utility patent lasts 20 years from filing, while a design patent lasts 15 years from issuance.

4. Which patent is cheaper to get?

A design patent is much cheaper, costing around $2,000–$5,000, compared to $10,000–$20,000+ for a utility patent.

5. How long does it take to get a patent?

Utility patents take about 2–4 years, while design patents are typically approved within 12–24 months.

6. Can I file a patent myself?

Yes, but it’s strongly recommended to work with professionals like Prip LLC to avoid costly mistakes or rejections.

7. Do patents protect worldwide?

No. Patents are territorial — protection applies only in the countries where you file. However, you can apply globally via the PCT system.

8. Do both patents require maintenance fees?

Only utility patents require maintenance fees; design patents do not.

9. Can a design patent stop others from copying my product shape?

Yes. A design patent prevents others from making, using, or selling a product with the same ornamental design.

10. What happens if I don’t patent my invention?

Without a patent, competitors can legally copy your design or function, leaving you with no legal recourse.