Guide · Intellectual Property

Function or Appearance? Design Patents and Utility Patents Compared

Type
Guide
Jurisdiction
National
Date
2025-11-02
Topic
Intellectual Property

Design patents and utility patents share a word and almost nothing else. A utility patent claims how an invention works under 35 U.S.C. § 101; a design patent claims how an article of manufacture looks under 35 U.S.C. § 171. This guide compares the two instruments across term, claim structure, examination, cost, the infringement standard, and—most consequentially—the damages a prevailing owner can collect, including the total-profit remedy of § 289 that produced the nine-figure verdict in Samsung v. Apple. It works through the ordinary observer test of Egyptian Goddess, the article-of-manufacture question, the functionality defense, and the 2024 en banc LKQ decision that rewrote design-patent obviousness. It closes with a decision framework and worked hypotheticals for filing one patent, the other, or both, written for judges, practitioners, and inventors alike.

Function or Appearance? Design Patents and Utility Patents Compared

Intellectual Property > Patent | Published 2 November 2025 - Updated 28 February 2026 | UpLaw - uplaw.us

Two federal instruments carry the word "patent," yet they protect opposite attributes of the same object, last for different periods, are proven by unrelated tests, and pay out under formulas that can differ by two orders of magnitude. This guide maps every material difference between the utility patent and the design patent, from statute to courtroom, and shows how a well-advised inventor uses both.

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