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Protecting Your Inventions: Utility vs. Design Patents

November 25, 2014
By Emily Ely

If you’re planning on patenting your idea, you should be careful in choosing which patent you apply for when protecting your inventions. There are many different kinds of patents, but most likely, you’ll be wanting to choose between a utility or design patent.

A design patent lasts for 14 years. This is subject to change, as are most laws. Design patents are mostly used for, well, designs! If you’re an architect and come up with a novel design for a new kind of Titanic that can’t be sunk, with unique features that no other ship currently possesses — then you should apply for a design patent. The design patent makes it illegal for anyone else but yourself to replicate your design, sell it, or use it for the whole fourteen years.

A utility patent lasts for 20 years. This is subject to change, just like the design patent. Utility patents are meant for inventions – so you’re trying to protect the actual mechanism of an invention. Utility patents protect the mechanism of the invention and its function, but it poorly protects its design.  (more…)