File both utility and design patents: When does it make sense?

Is it possible to file both utility and design patents? The question ignored by most startups and entrepreneurs is: Why not file both utility and design patents? Most innovators tend to have an “either/or” mindset due to the distinctions between utility patents and design patents: either the invention is protectable with a utility patent or […]

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What is the design patent application process and cost?

What is the design patent application process? The examination process (aka “prosecution”) for a US design patent application comprises three main stages: initial filing; Office Actions (if any); and allowance. How to file a US design patent application The initial filing a design patent application with the USPTO is fairly straightforward. The two primary components […]

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Design Patents vs. Utility Patents: What are the differences?

Design Patents vs. Utility Patents The essential distinction between design and utility patents is the difference in protecting “How it looks” (design) vs. “How it works” (utility).  If you’re concerned about competitors copying the appearance of your concept, then apply for design patents.  If you want to protect the functional features of your concept, then apply for […]

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