Difference Between Design and Utility Patents
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 applied to the article, or both. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.
Design Patent Drawing
A design patent only protects the ornamental appearance of an article, such as its shape, configuration and/or its surface ornamentation.
Utility Patent Drawing
A utility patent protects the functional aspects of the product/idea, i.e., the way the product works and is used.