Design vs. Utility Patents

What are the differences between design and utility patents? Which one is right for your invention? Watch to find out!
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Registered USPTO patent attorney, J.D. Houvener from Bold Patents Law Firm, explains design vs. utility patents!
Below we have provided resources and timestamps with brief explanations for each difference of design vs. utility patents.
Quickly find what you are looking for by clicking on the timestamps below.
➡️1:16 What’s Being Protected?
✔️Utility patents protect what an invention does.
✔️Design patents protect what a product looks like.
➡️2:05 Can I File a Provisional?
✔️It’s simple! For a utility patent, yes; for a design patent, no.
➡️3:20 What Do the Fees Look Like?
✔️Either way, there’s a range, not a set answer!
✔️Generally, know that a utility patent will be more expensive.
➡️ 3:55 What is the Search Like?
✔️Design patent searches aren’t as easy--you can’t search keywords for drawings!
➡️ 4:33 Attorney’s Fees
✔️Just like application fees, expect more for utility.
➡️6:07 Office Actions
✔️It’s easier for an examiner to find conflicting prior art for a utility patent.
✔️On a design patent application, pay attention to the detail of your drawings--an examiner can make a rejection based on a drawing error.
➡️8:08 What is the Time Frame?
✔️For a utility patent, expect anywhere from 1-4 years.
✔️Design patents will typically be processed somewhat faster.
➡️8:58 What Do I Get Out of It?
✔️For a utility patent, 20 years of protection; for a design, 15.
✔️The difference is negligible! Your 20 years starts the moment a utility patent is filed, while a design patent’s period of protection doesn’t start until you’re officially approved.
➡️9:45 Acting on Infringement
✔️To determine infringement for a utility patent, look at the claims.
✔️For design, it’s all in the drawings.
➡️10:43 Patent Litigation
✔️Like every other cost, utility litigation fees will be lower.
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LEGAL-ISH DISCLAIMER
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Sorry, occupational hazard: This is not legal advice, nor can I give you legal advice. I AM NOT YOUR LAWYER. Sorry! Everything here is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Nothing here should be construed to form an attorney-client relationship. All non-licensed clips used for fair use commentary, criticism, and educational purposes. See Hosseinzadeh v. Klein, 276 F.Supp.3d 34 (S.D.N.Y. 2017); Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015).

Пікірлер: 110

  • @user-jq1oi6ur2x
    @user-jq1oi6ur2x4 жыл бұрын

    Thank you so much for taking the time to provide such a complete description- excellent video!

  • @j.d.houvener6868

    @j.d.houvener6868

    3 жыл бұрын

    You're very welcome!

  • @bradsemmens8676
    @bradsemmens86763 жыл бұрын

    Great value here man, thank you!

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Glad I could help!

  • @HEADBANGRR
    @HEADBANGRR3 жыл бұрын

    Great info. You gave me an answer I was looking for. Thank you

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Thank you for watching!

  • @4thmoonproductions887
    @4thmoonproductions8873 жыл бұрын

    Extremely helpful, thanks!!!

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Glad we were helpful!

  • @innermagnet8288
    @innermagnet82882 жыл бұрын

    Helpful video.

  • @brandoncampbell3275
    @brandoncampbell32753 жыл бұрын

    Great video - informative and precise. Super helpful!

  • @j.d.houvener6868

    @j.d.houvener6868

    3 жыл бұрын

    Thanks! Let me know if you have any other topics you'd like me to hit. Feel free to email me directly at jd@boldip.com. Cheers!

  • @joshquillen6971
    @joshquillen6971 Жыл бұрын

    Thank you !

  • @boldpatents

    @boldpatents

    Жыл бұрын

    You are welcome!

  • @EvolvedBonobo
    @EvolvedBonobo Жыл бұрын

    Excellent video. Thank you!

  • @boldpatents

    @boldpatents

    Жыл бұрын

    You are welcome!

  • @flintindustries
    @flintindustries3 жыл бұрын

    Helped a lot, thanks

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Glad to hear!

  • @nakulsoni
    @nakulsoni3 жыл бұрын

    Very Helpful 👍👍👍

  • @Souloxity99
    @Souloxity993 жыл бұрын

    Great Info!

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Thank you! Glad we could be helpful.

  • @samanthawilliams5520
    @samanthawilliams55202 жыл бұрын

    Succinct and practical info to act on, thank you!

  • @boldpatents

    @boldpatents

    2 жыл бұрын

    You bet. Let me know if you'd like any supplemental info or another topic I haven't already covered. Cheers!

  • @shantishante
    @shantishante7 ай бұрын

    Very helpful.

  • @boldpatents

    @boldpatents

    7 ай бұрын

    Thanks! Let me know if you have any other topics you'd like to learn about.

  • @calebandrewcox826
    @calebandrewcox8264 жыл бұрын

    Very very informative JD, thank you for putting out helpful info like this for people like myself, who have wondered what the benefits & costs are for each type of patent. =]

  • @j.d.houvener6868

    @j.d.houvener6868

    4 жыл бұрын

    Caleb Cox you are welcome!!

  • @michaelbush6375
    @michaelbush63753 жыл бұрын

    Whoa! You know, I wish I had a do over, or had more support with my invention last year with this firm. $3700.00 to find another company had the patent, and actually no post or follow up options suggested.

  • @j.d.houvener6868

    @j.d.houvener6868

    3 жыл бұрын

    Michael, it’s not fun to have to deliver a negative opinion to an inventor. At the same time, it’s that opinion that they most need. Many inventors spend WAY more than you have only to find out too late, they weren’t first. $3700 well spent.

  • @johnchase1792
    @johnchase17924 жыл бұрын

    Great video and i have done one but both great advice

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Right on! Glad to know it helped! :)

  • @ushapal4881
    @ushapal48812 жыл бұрын

    Very nice

  • @boldpatents

    @boldpatents

    2 жыл бұрын

    Thanks Usha! Please shoot me an email if you'd like to hear about any other topics: jd@boldip.com

  • @michaelbush6375
    @michaelbush63753 жыл бұрын

    My drawings were elementary and blind on the submission inquiry. I am glad to see JD taking more of a teaching methodology, because I had no clue as a novice, with a game changing invention. Sour grapes for sure, and really no trust for this process with this firm or any firm that won't educate its clients!

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Thank you.

  • @gee3883
    @gee38833 ай бұрын

    Very helpful ,I did find the music off putting maybe as I'm listening on headphones. Please take this as constructive criticism.thanks ever so much for the information.

  • @boldpatents

    @boldpatents

    3 ай бұрын

    Thank you - yes, I do wish I would have removed the music or turned it down/off. Thanks for feedback.

  • @latoyahall6355
    @latoyahall63553 жыл бұрын

    I would like to know if I have invented something similar of a previous design. but is designed with a slight difference in appearance and serves different purpose what patent do you file

  • @peppermint2111
    @peppermint21112 жыл бұрын

    Thanks for explaining the differences between Utility and design patents.. There is so much information out there an it can be overwhelming. Do you have any suggestions on which books to purchase on patent and design ? 😁

  • @boldpatents

    @boldpatents

    2 жыл бұрын

    You bet! I actually wrote a book on exactly that. I've got it in print (paperback) and e-book version available on Amazon here: www.amazon.com/Bold-Ideas-Inventors-Guide-Patents/dp/0692633200. OR if you want to get a free copy, you can schedule a consultation with our firm here: boldip.com/contact/

  • @Matt-cr7yb
    @Matt-cr7yb4 ай бұрын

    And I know this video is done for years ago but that's awesome it's still up and going U.S. MARINE Veteran

  • @boldpatents

    @boldpatents

    4 ай бұрын

    You are most welcome! Thank you for your service, Matt! Let me know if there are any other topics you'd like to learn about. Shoot me an email: jd@boldip.com

  • @arnoldo24
    @arnoldo24 Жыл бұрын

    Great video. Would you be able to explain hoe to get around a utility patent?

  • @boldpatents

    @boldpatents

    Жыл бұрын

    I'm on it. I'll do a KZread Short on that today, should be published by end of the week. shoot me an email if you have a patent case you'd like me to look at specifically: jd@boldip.com

  • @legalsmarts
    @legalsmarts5 жыл бұрын

    Thanks great Video. Question what if your invention’s design is the only way for functionality? Would the design filing suffice?

  • @boldpatents

    @boldpatents

    5 жыл бұрын

    You're welcome LegalSmarts! Wow, great question. If the shape of your invention IS what's functional then you need BOTH design and utility filings to protect both what your invention does and what it looks like. Example of this is an airplane wing. True, the wing itself is a solid structure, and its because of its SHAPE that it provides a novel amount of lift in the air - but what's important is that you protect the STRUCTURE (and sub-structure) of what that shape is (which would include the material types, the fasteners, the thicknesses, chords, ribs, etc.). See, in a design patent, it is a "wing-shaped design", and in the utilty patent it is a "wing". If you have follow-up questions, feel free to email me at jd@boldip.com. Thanks for your question!

  • @hasan1231

    @hasan1231

    3 жыл бұрын

    This was a great video and you were very engaging.

  • @daniellittle9527
    @daniellittle95275 жыл бұрын

    So, I have a prototype, it's a pair of jeans i've modified by adding an additional pocket that serves a specific function. What kind of patent should I file? The best way I can describe my design without giving away much is think of the thumb holes they have now in sweatshirts. It's a different design but serves a function. Thoughts?

  • @boldpatents

    @boldpatents

    5 жыл бұрын

    DANIEL LITTLE this is a very specific inquiry, that I think we should schedule you for a consult for. Mainly due to confidentiality reasons, I encourage you to not share details about your invention. In general, the key question is: what’s most novel about your invention? What it does or what it looks like? If it’s “does”, then Utility patent filing, if “design”, then Design.

  • @geraldgaddy367
    @geraldgaddy3675 жыл бұрын

    Very informative. The patent that I am contemplating on leans more to the design rather than the function. The function will be the same but the design is my focus.

  • @boldpatents

    @boldpatents

    5 жыл бұрын

    Gerald Gaddy so glad I could help!

  • @TheHappyLadyChannel
    @TheHappyLadyChannel5 ай бұрын

    With a design patent, how much protection do you get? If someone were to copy my idea but tweak the design, am I protected? My invention is a tangible product and I haven’t been able to find anything like. It solves a legit problem. But I’ve been rejected before for a utility patent on a formula. So, I’m thinking a design patent might be safer for me this time. I do worry that someone will knock it off (especially the concept) and tweak the design. If I’m the first to create one of these I’d like some good protection.

  • @ashantih4159
    @ashantih41593 жыл бұрын

    Thanks for breaking that down! Unsure if you are still reading comments on this video but I would love some advice. If I am planning on hiring an expert ux/ui design engineer to bring my invention to life, how would I get a utility patent if I don’t know exactly how it’s made? Will I even have full rights to the invention if I didn’t make it myself? What do you think is the best route for me?

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    You'd want to get a patent in place BEFORE hiring a UX designer. If you want more info, we should take this conversation somewhere private. One of our experts can answer your questions for free, and you can share as much as you're comfortable sharing: boldip.com/contact/

  • @ThEMaGnIfiCeNtWaRrIoR
    @ThEMaGnIfiCeNtWaRrIoR3 жыл бұрын

    Thank you for the info.. you are great. I m new but I have a great idea. I m fusing the digital world with the physical world. I thought about provision design patent, but I realized from my understanding you, my design idea has function that is not physical, but 100% virtual. My question if I may. Do I still have to do utility patent

  • @ThEMaGnIfiCeNtWaRrIoR

    @ThEMaGnIfiCeNtWaRrIoR

    3 жыл бұрын

    Thank you so much!!!

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    @@ThEMaGnIfiCeNtWaRrIoR You're most welcome! And thank you for your kind words. ABSOLUTELY you can seek patent protection for functionality that exists in the digital/virtual world. There are many many patents that are being issued with respect to virtual reality solutions and utilities. Yes, it would be a utility patent application. Schedule a screening session and we can make sure you're a good fit and if the timing is right: www.boldip.com/contact

  • @ThEMaGnIfiCeNtWaRrIoR

    @ThEMaGnIfiCeNtWaRrIoR

    3 жыл бұрын

    @@boldpatents Thank You!! I will. I m putting the elements into a better presentation.

  • @stephenchapman5431
    @stephenchapman5431 Жыл бұрын

    Patents utility/design protects that of the prospective device - that's pretty straightforward; where it gets murky for me is when you have a device class I/II, which by definition contradicts the entire patent ideology cause of the predicate devices component. Help me help you help us. Lol

  • @boldpatents

    @boldpatents

    Жыл бұрын

    Please email me, let’s get to the bottom of this and I can prep a video on it. E-mail: jd@boldip.com

  • @ericsanchez7426
    @ericsanchez74262 жыл бұрын

    The space shuttle jeffrey bezzos launched at the texas area he used the circle design i had made to benefit from my energy

  • @elijahroyaie
    @elijahroyaie Жыл бұрын

    Hello, we have a software and we are considering patenting both Utility and GUI design. My first response after this video is to not do GUI design patent because its not as important and our user interface can change later on due to several factors. please correct me if I'm wrong or if you have any other recommendation Thank you so much for the great video

  • @boldpatents

    @boldpatents

    Жыл бұрын

    Thanks for your question/input Elijah. It's true if you're early in development, and the user interface is likely to change significantly, going for a GUI design patent is not always best option cost-benefit wise. However, if there is a core interface that will not change even with later versions, etc. then you should lock that in with a design patent if possible. Also, even as interfaces change, you can just file for new patent applications later to expand the portfolio and coverage.

  • @jackbarr1124
    @jackbarr11243 жыл бұрын

    Great video thank you. Is it worth getting a Design patent on something simple like a birdbox for the garden? ( I am a carpenter who has a unique design and wants to start a birdbox business. )

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    Perhaps, might be something we need to discuss. Our screenings are free if you're interested: boldip.com/contact/

  • @4evaturnt737
    @4evaturnt7373 жыл бұрын

    is this something you should take care of before you have your completed invention or after you have a prototype ?

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    I would say yes, because you don't want anyone else to beat you to it.

  • @SteveBoyer10
    @SteveBoyer103 жыл бұрын

    Have you ever seen design patents take up to 3 years to be decided on? I’m looking at competing with a company who says their design is patent pending. I have searched for many hours and hired someone to help me search and can’t find it being issued.

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    It's very possible. You can look yourself to see the status if it's been more than 18 months since filing (unless they filed a non-publication request). All you need is the application number. Visit: portal.uspto.gov/pair/PublicPair

  • @abdulrahmanama
    @abdulrahmanama Жыл бұрын

    Hi, how can i know if the patent is a utility patent or a design patent, because the 20-15 years way of check is not working there are some patents that just last for 10 years. The other way (if there is a D) i don't want to take the risk because maybe i didn't see the D or maybe they don't use the D anymore.

  • @boldpatents

    @boldpatents

    Жыл бұрын

    Abdul, the USPTO still uses a D for design patents, and without a D, they are utility. On the front coversheet you can see the filing date and that is the date where you can (Generally) count 15 for design and 20 years for utility for the life of enforceability. The variability can come in where the USPTO may have delayed the inventor, and additional time is given to the patent term.

  • @Steppinonshii
    @Steppinonshii Жыл бұрын

    If I were to create a tool that revolutionizes an industry can I patent the tool and anything that does the same thing using a similar method or can other people make their own designs and compete

  • @boldpatents

    @boldpatents

    Жыл бұрын

    You would want to protect (if possible) the method as broadly as possible such that any other method would be vastly less efficient or unreasonable.

  • @latoyahall6355
    @latoyahall63553 жыл бұрын

    If the item you invent is for sale when are you able to sale item

  • @abdulrahmanama
    @abdulrahmanama Жыл бұрын

    I wanted to ask, if i have a logo and contacted a manufacturer to produce the order with my logo, does he need a logo authorization to produce it?

  • @boldpatents

    @boldpatents

    Жыл бұрын

    It will depend on the contract you have in place with that manufacturer. And, I hope you do have a contract. If you for some reason don't there may be an implied license for them to make/use your logo as you have given them permission to manufacture it. Email me if you have further questions on this: jd@boldip.com.

  • @techpickie2361
    @techpickie2361 Жыл бұрын

    where do we search for other design or utility patents to check if they my idea exists?

  • @boldpatents

    @boldpatents

    Жыл бұрын

    Good spot to start is google patent search and do natural language searching [patents.google.com/]

  • @aamirlatif1506
    @aamirlatif150610 ай бұрын

    Hi, i am doing a product but when i checked patent it's utility patent of manufacturing method payent. What does it mean many manufacturers are there in field of sports its not invention.

  • @boldpatents

    @boldpatents

    10 ай бұрын

    Just because there are a lot of manufacturers out there in the field, doesn't mean your product is not patentable. I am not sure I understood your question.

  • @karenmoctezuma288
    @karenmoctezuma2885 жыл бұрын

    Hi, if I want to patent greeting cards that have some mechanical movement, Should I file for design or utility patent? (I'll have different designs so I want to protect all of them) Thank you in advance!

  • @boldpatents

    @boldpatents

    5 жыл бұрын

    Karen Moctezuma BOTH! I know :) If younare going to pick one to tackle first, I’d say, focus on what’s unique: is the design (way it looks) unique? Or is the mechanical movement/what it does that’s unique? If the way it looks is unique - go Design If what it does is unique - go Utility My gut says that you probably have both here. Congrats and cheers!!

  • @waynesanders1406

    @waynesanders1406

    5 жыл бұрын

    Hmm... give me some details on your design and I'll help you decide which way(s) to go. ...

  • @tanujsatti1079
    @tanujsatti10794 жыл бұрын

    Respected sir, I had an idea and a design regarding a machine should i design patent it ASAP.

  • @j.d.houvener6868

    @j.d.houvener6868

    3 жыл бұрын

    Don't know yet :) We should talk! Schedule time with us at www.boldip.com/contact

  • @waynesanders1406
    @waynesanders14065 жыл бұрын

    I can't believe there are only 190 subscribblers. I'll be in the market for some patenting in the coming year now that I have finalized my 60-80% MPG boosting hydrogen fuel device. I've heard "partnering" with a lawyer is a potential option so that there are no up-front costs in paying for a lawyer; instead they make a % profit from the business. Can you make a video that might entail how we could find that type of lawyer? I heard that it usually requires finding the individual that believes in what you're doing enough to invest in it that way. I intend to take the patent and use it to develop a true profitable low-cost startup business that I can franchise out. It doesn't take much on the tools and shop space to make one of these units, just a garage and simple tools, although shop space could be acquired as well. On a side note, this video keeps freezing up and stops loading the buffer. I have to click around to get it to keep playing.

  • @boldpatents

    @boldpatents

    5 жыл бұрын

    Wayne, thanks for the idea! I will take some notes and prepare a script for a blog and video about varying attorney compensation routes.

  • @milesholt3655

    @milesholt3655

    3 жыл бұрын

    @@boldpatents did you ever do this video?

  • @boldpatents

    @boldpatents

    3 жыл бұрын

    @@milesholt3655 Thanks for the reminder! We will work on it!

  • @Matt-cr7yb
    @Matt-cr7yb4 ай бұрын

    Awesome video I needed to hear this thank you very much U.S. MARINE VETERAN

  • @aliabdelalibaida4703
    @aliabdelalibaida47032 жыл бұрын

    Explanation of models sb0017 aia0001 aia0015

  • @erica7268
    @erica72684 жыл бұрын

    I can’t believe out of all the videos I’ve watched I’m just now learning what I need is a design patent. And I can’t believe I can’t buy time with a provisional. I am already selling it, people love it, there’s a high end market for it and I know it will sell in stores. I’m so afraid of my competitors or worse China figuring it out. What’s the first thing I should do? This thing is my baby it’s so unique and gift shops are asking for it. I have an issue with supply. I’m searching companies in China trying to find the main “piece” but what’s the first thing I should do to protect it?

  • @erica7268

    @erica7268

    4 жыл бұрын

    I’m freaking out!!!! 😩 but Thank you for the video.

  • @boldpatents

    @boldpatents

    4 жыл бұрын

    Erica, I'm so happy you liked the video, and you found Bold!!! :) A provisional may be filed up to 1 year after you started selling or published your invention - here's hoping that 1 year statutory limit is not yet reached (fingers crossed). DONT BE AFRAID OF INFRINGERS!!! Welcome them, just know what it's going to take to squash them. Like many things in life, there's never going to be a perfect time, and there's no better place to start than where you are. Give us a call, let us em-bolden you :) - J.D.

  • @tanujsatti1079
    @tanujsatti10794 жыл бұрын

    Please help !!!!! sir

  • @MenOfMaturity
    @MenOfMaturity3 жыл бұрын

    I believe the US Patent Office needs to let inventors to do a prototype presentation to file for a full non provisonal patent it will be better to let us do this why? because If I have a prototype done and i have been working on it for 6 months and got great feed back I can file for no provisional patent and the USPO should let me do a meeting with them to file it much quicker with in 1yr because the PROOF OF CONCEPT WILL BE DONE FACE TO FACE WITH IN SIDE OF THE USPO AND THE inventor can demonstrate and explain with an actual product in front of them that her or she is trying to get patent ASAP

  • @uponamidnightdreary
    @uponamidnightdreary Жыл бұрын

    Why would Apple need multiple design patents instead of just one?

  • @j.d.houvener6868

    @j.d.houvener6868

    Жыл бұрын

    Design patents, while easier to get granted - are more limited in nature. They are specific to one 3D shape, and if the shape/appearance of the product changes, even slightly, it will not be covered by the original design patent. So, multiple design patents are needed to cover different ornamental designs.

  • @uponamidnightdreary

    @uponamidnightdreary

    Жыл бұрын

    @@j.d.houvener6868 ooh I see. Cool. Thanks for the reply!

  • @coffeecoconutstermites8597
    @coffeecoconutstermites8597 Жыл бұрын

    Yo

  • @Username56339
    @Username563392 жыл бұрын

    Hi do you think it's possible if I can get a pro bono lawyer to help me with my patent for free

  • @boldpatents

    @boldpatents

    2 жыл бұрын

    Yes, its very possible. It will depend on your income level. There are some great resources on USPTO.gov website: www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program

  • @Username56339

    @Username56339

    2 жыл бұрын

    Thanks for the information I really appreciate it. 👍🏽

  • @johnchase1792
    @johnchase17924 жыл бұрын

    Can they steal your idea and who does the search

  • @boldpatents

    @boldpatents

    4 жыл бұрын

    Great question John - Truth is anyone can steal your idea/invention! If you have a patent though, you can go after them for infringement :) Our Patent Attorneys do the searching before we recommend filing and before moving forward on any infringement action.

  • @mebawubeshet6729
    @mebawubeshet67299 ай бұрын

    please turn off the back ground music it is difficult to concentrate

  • @boldpatents

    @boldpatents

    8 ай бұрын

    Do you know how to republish without music? I'd like to do that.

  • @mebawubeshet6729

    @mebawubeshet6729

    5 ай бұрын

    What i just say the back ground music make it difficult to hear u lecture either remove it or turn down the volume.....@@boldpatents

  • @boldpatents

    @boldpatents

    5 ай бұрын

    Understood@@mebawubeshet6729

  • @prince_gaming1520
    @prince_gaming15202 жыл бұрын

    Very nice

  • @boldpatents

    @boldpatents

    2 жыл бұрын

    Thanks, Prince! let me know if you have any other questions - be happy to put together a new video on that topic.