Utility vs Design Patent: Key Differences Explained

Key Takeaways

• A method patent is a type of utility patent, covering processes and actions.
• Utility patents protect the functionality of inventions, while design patents protect appearance.
• Utility patents last 20 years and require maintenance fees; design patents last 15 years and do not.
• Utility patents require the invention to be useful, novel, and non-obvious.
• "Patent pending" status protects an invention before the patent is officially granted.
• You can file general and specific method claims under a utility patent.
• Choosing between a utility vs design patent depends on whether you’re protecting how something works or how it looks.

Method patent vs utility patent is something that confuses many patent seekers. A utility patent is granted to protect a product, device, process, or other invention that serves a useful and functional purpose. Since a method is a process, a method patent is a form of utility patent. In other words, if you want to patent a method, you need to apply for a utility patent.

What is a Utility Patent?

According to the United States Patent and Trademark Office (USPTO), about 90 percent of all patents issued in the U.S. are utility patents. A utility patent is a patent that protects an invention's utility or functional aspects. It is applicable to machines, methods, processes, compositions, and anything created or manufactured that has a specific, useful function.

To provide a clearer understanding of the term “useful,” the USPTO defines it as anything with a use capability and recognizable benefit. A utility patent can also be granted for an improvement to any of the aforementioned inventions. When they are reviewing a utility patent application, reviewers will look for functions and inventions that are novel, specific, and not obvious. However, the patent's function does not necessarily have to be instantly obvious to the user.

How Utility Patents Differ from Design Patents

Utility patents and design patents protect different aspects of an invention. Understanding these differences is crucial when deciding how to protect your intellectual property.

Here are the primary distinctions:

• Utility Patent: Protects the way an invention functions, operates, or is used. This includes machines, processes, software, and manufactured items.
• Design Patent: Protects the ornamental appearance of a product — how it looks rather than how it works.

For example, if you invent a new type of ergonomic chair, the utility patent would protect the chair’s mechanical adjustments and functional design. Meanwhile, the design patent could protect the unique shape or visual style of the chair.

Filing both types of patents for a single product is common when both the function and appearance are important. This is especially relevant in competitive industries like consumer electronics or fashion accessories​​​.

Lifespan of a Utility Patent

A utility patent is valid for 20 years from the time the patent application was submitted. Besides the initial filing fees, an inventor must also pay maintenance fees throughout the lifespan of the patent to ensure that his or her invention will be constantly protected. The inventor can apply for a term extension if he or she wants the patent protection to continue beyond the 20-year mark, but an extension is only available for certain patents and situations.

Utility vs Design Patent Lifespan and Costs

The term of a utility patent is 20 years from the date of application, and it requires the payment of maintenance fees at 3.5, 7.5, and 11.5 years after issuance to remain in force. Failing to pay these fees can result in the loss of patent protection.

In contrast, a design patent lasts for 15 years from the date of grant and does not require maintenance fees. However, design patents generally provide narrower protection since they only cover visual ornamental features, not functional aspects.

This makes utility patents more suitable for core inventions and innovations with broad commercial applications, while design patents are typically used to protect product appearance, branding elements, or packaging designs.

What is “Patent Pending” Status?

The purpose of a utility patent is to prevent others from manufacturing, using, selling, or distributing an invention. After applying for a utility patent, your invention will immediately have “patent pending” status, which serves as a disclaimer until you are issued an actual patent.

While it does not provide the same protection as an actual patent, “patent pending” status can be used to warn your rivals that they may be liable for damages if they duplicate, use, or sell your invention. A utility patent can be anything from a new kind of search engine that is dedicated to finding government websites to an innovative trailer hitch that has never been used before.

Benefits and Limitations of "Patent Pending" Status

While "patent pending" doesn’t confer legal rights to stop others from using your invention, it serves as a warning signal. Competitors may be deterred from copying your invention due to the risk of future liability if a patent is ultimately granted.

However, it’s important to understand that:

• "Patent pending" status does not allow enforcement of exclusive rights until the patent is issued.
• You can use "patent pending" as soon as you file a nonprovisional or provisional utility patent application.
• For design patents, "patent pending" applies after a design patent application has been filed.

Startups and inventors often leverage this status to secure investor confidence or licensing agreements while waiting for the official grant.

Claiming Specific and General Methods in a Utility Patent

Registered patent agents and attorneys include a number of specific dependent claims in almost every patent application. By reference or layer, these claims incorporate additional elements or limitations into independent claims, which are more general. The basic utility patent application fee you pay to the USPTO allows you to file up to 20 claims altogether and up to three independent claims. If you want to file more than 20 claims or three independent claims, you are required to pay an additional fee.

Also, you can amend, cancel, or add new claims while your application is being examined. In order to provide support for the amendments, you should submit a comprehensive and detailed description of an extensive range of embodiments of your invention at the outset, because you will not be able to claim embodiments that are inadequately described in the original application.

An attorney or inventor may draft general claims as long as there is sufficient basis in the description and the invention is novel and non-obvious. General claims give the inventor a more valuable patent, but it has a higher chance of being rejected if it is excessively broad. When you are claiming methods in a utility patent, keep the following in mind:

• A claim must be given its widest reasonable interpretation while staying consistent with the specification as it will be interpreted by a person of ordinary skill in the field.
• A broader claim should be drafted with extra caution and eventually cover the specific features of the invention. The inventor does not have to worry about the specific features if the broader claim can be secured.
• If an inventor prefers specific claims, he or she can opt for dependent claims. In the event that the examiner objects to broader claims, the inventor can fall back on dependent claims and include specific features in independent claims.

Choosing Between Utility vs Design Patent Protections

When deciding between filing a utility or design patent — or both — consider these factors:

Choose a Utility Patent If:

• You are protecting how an invention works.
• Your invention includes unique technology, processes, or functionality.
• The economic value is in the invention’s utility rather than appearance.

Choose a Design Patent If:

• Your invention’s value lies in its unique visual presentation.
• You want to protect your brand through visual product differentiation.
• You’re concerned with low-cost knockoffs copying your product’s look.

Consider Both If:

• Your invention is both innovative in function and distinctive in appearance — for instance, a smartphone with novel internal circuitry and a unique exterior shape.

For additional support navigating the decision between utility vs design patent protection, you can consult with a qualified patent attorney through UpCounsel's marketplace.

Frequently Asked Questions

• Is a method patent different from a utility patent?
  No, a method patent is a type of utility patent. It specifically protects processes or methods of performing a function.
• Can I file both a design and utility patent for the same product?
  Yes, many inventors do this to protect both the function and appearance of their invention.
• Which patent is easier to get — utility or design?
  Design patents generally have a simpler and faster approval process, while utility patents require more detailed claims and examination.
• Do design patents require maintenance fees?
  No, unlike utility patents, design patents do not require maintenance fees after the patent is granted.
• What happens if I don’t pay the maintenance fees on a utility patent?
  The utility patent will lapse, and you’ll lose the legal protections it provides.

If you need help understanding method patent vs. utility patent, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.