Design v. Utility

Design patents and utility patents can both be obtained on some inventions. A utility patent covers the functional aspects of an invention, while a design patent covers the non‑functional ornamental features.

A common strategy is to file a provisional application, then file a utility application within one year  claiming priority to the provisional. It is important to note, however, that a design patent cannot claim priority to a provisional application.

In one example, NRVIP Law filed both a Utility Application and a Design Application for a Laptop Workstation Platform and both patents were issued.

For more representative examples, please visit: