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Utility Patents and Design Patents: You Should Consider Both

When inventors decide to pursue patent protection for their inventions, they typically have a utility patent in mind. A utility patent protects the functionally useful features of an invention that are new and that further would not have been obvious in light of what came before. Utility patents protect against both exact copying of your invention by others, as well as against slightly modified copies of your invention. Design patents, by contract, do not cover functional aspects of your invention. Rather, a design patent protects only the ornamental appearance of your invention. A design patent prevents against copying of the design of your product if the copy is “substantially the same” as the patented design.

Inventors, therefore, often seek to obtain both utility and design patents for the inventions. This is the recommended approach. If your invention constitutes an improvement in technology and functionality compared to what existed previously, utility patent protection is critical to ensure that your intellectual capital is protected. That utility patent will necessarily also protect the design of your invention as long as you claim that design as part of your invention in your application.

Design patents are, however, a good fallback form of protection. Many utility patent applications are never allowed to issue as patents. But you may not know whether your utility patent application will be granted until several years after filing. The allowance rate at the U.S. Patent and Trademark Office for design patent applications is markedly higher. Design patents can be obtained much quicker than utility patents and for a fraction of the cost. And if a dispute arises related to someone infringing your design patent, high monetary awards are still possible.

If you are thinking of applying for a patent, you should consider both utility and design patent protection. Utility patents are the stronger form of intellectual property protection but a design patent may be an excellent supplemental intellectual property asset.


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Ted is an outstanding Intellectual Property attorney that truly cares about his clients' needs. During one of the most stressful times of my life, Ted gave me the assurance and confidence that everything would be okay. His knowledge and expertise allowed us to find a swift and positive solution to my matter. As a lawyer myself, I can honestly say that Ted is a world-class attorney and I highly recommend him to anyone that has Intellectual Property needs. Blake Hall
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I am a financial executive who has worked in the life sciences industry (pharma/biotech/med device) for over 15 years now. I have known Ted for over 20 years, during the course of which he has provided to me patent and other intellectual property-related advice. Ted has an extraordinary depth of patent law knowledge gained from many years of practicing at top tier corporate law firms. I find him to be incredibly thorough, thoughtful, practical and responsive and look forward to continuing to benefit from his capabilities and guidance in the future. Scott Kain
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Theodore Chiacchio offered us exceptional help with our legal situation. He is extremely knowledgeable and responsive. It was apparent from our first conversation that he was right on track and knew exactly what to do to provide us with security and an outcome that was both fair and reasonable. We felt at ease and confident with Theodore. In what was a very difficult and unwanted situation he made much easier. Rebecca Cappelli, Owner, Songbird Studios Inc.
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