When you hear the terms “design patent” and “utility patent,” the tendency may Difference #3: Design patent term is based on the issue date. When a new dating service launches, it should rise or fall based on whether it can win the trust of The company applied for a stupid patent on “social dating” back in, and earlier this year, Design Patents Are Useless.
Difference Design patents protect the ornamental aspects of an article, not how the article is used or works. A design patent protects the ornamental aspects of an article of manufacture i. The fact that an article works in a new and nonobvious way—the standard for patentability in a utility application—is not relevant against a rejection in a design application. Instead, the overall visual impression of the article must be new and not an obvious variation of prior designs.
Thus, those who are prosecuting design patent applications need to become fluent in the language of describing the way something looks and how that design is different from the way that a prior art design looks. Difference 9: Deadlines come up faster in the design world. Provisional applications are not available for design protection, so any U.
In addition, design applications are typically prepared after the production design has been frozen, which might be just before public disclosure, so the time to prepare the application is often limited.
Further, in order to claim the benefit of a foreign priority application under the Paris Convention,2 a design patent application must be filed in the United States within six months as opposed to the usual twelve months available in utility patent applications. The same is true for filing foreign applications that claim priority to a design patent application first filed in the United States.