The United States Patent and Trademark Office typically categorizes a design patent as one that protects “the way an article looks”. The design patent not only protects the shape, size, and form of your invention, but it also protects any surface embellishments that might be integral to your invention. Design patents are extremely important when the main feature of your product is the physical shape or look. An added benefit to a design patent is that they typically cost less than utility patents and take less time to process. While design patents can be useful, there are some reasons why it might not be enough. For example, a design patent typically only protects superficial features of the invention, and a competitor can often change small parts of the design to escape your patent protection. Thus, it is imperative to have an experienced patent attorney review your invention and determine if a design patent is sufficient.
The more common form is a utility patent. The utility patent protects the process by which something is made and works. The primary different is that, while a design patent protects the physical shape and form, a utility patent protects the mechanism by which something works and the assembly. Utility patents are often more common because most inventions require their functionality. These types of patents are more expensive and time intensive. Utility patents can take 2-3 years to obtain. In most cases, though, the utility patent provides the most comprehensive level of protection against infringement.
In many cases, it is useful to obtain both a utility patent and a design patent. For example, in the case of Apple’s iPhone, a design patent can protect the shape and aesthetic of the phone, while a utility patent can protect the mechanisms and functionalities of the phone. With both a design and utility patent, Apple’s iPhone can maintain the most comprehensive level of protection against those attempting to copy their product. If you have invented something with design and utility in mind, it may be useful to have both types of patents to protect your invention in the most effective way.
Have Questions? Contact an Experienced and Reputable Patent Attorney in Los Angeles Today
If you have an invention and want to obtain a patent, retaining the services of a reputable and highly experienced Los Angeles patent attorney, such as the professionals at Omni Legal Group, is imperative for a successful outcome. Whether you are in need of, or have, a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group is here to help. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.