Newsletter 13 – Difference between Design & Utility Patent Drawings?
Our September 2013 Article is out. To understand the different requirements for design and utility patent drawings, one must understand the difference between a design and utility patent. The United States Patent and Trademark Office (USPTO) states “In general terms, a “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a “design patent” protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an article includes its shape/configuration or surface ornamentation”1 Because inventions have both functional and ornamental characteristics, you can apply for both a design and utility patent for the same invention. Design patent drawings differ vastly from utility patent drawings. Drawings for utility patents show the functional elements of an invention while design drawings show the appearance and unique exterior look.