Function or Appearance: Design Patents and Utility Patents Compared

37 questions on function or appearance, answered and cited by the UpLaw editorial team.

• A startup with a small budget — which patent should it prioritize?
• Can a competitor infringe one patent but not the other?
• Can copyright protect a product's appearance too?
• Can I patent a design that isn't attached to a product?
• How do courts identify the relevant "article of manufacture"?
• How do design patent claims differ from utility patent claims?
• How does a design patent compare to trade dress?
• How does functionality limit a design patent?
• How does prosecution delay affect each patent's term?
• How does the article-of-manufacture question play out for a component design?
• How do solid and broken lines work in design patent drawings?
• How is utility patent infringement proved?
• How long does a design patent last?
• How long does a utility patent last?
• How long do I have to file abroad for each patent type?
• How much does each type of patent cost?
• What damages are available for utility patent infringement?
• What did Curver Luxembourg hold about the article named in a design claim?
• What did Egyptian Goddess abolish?
• What did LKQ v. GM change about design patent obviousness?
• What did Samsung v. Apple decide about "article of manufacture"?
• What does a design patent cover?
• What does a design patent examiner look for?
• What does a two-patent strategy look like in practice?
• What does a utility patent cover?
• What does a utility patent examiner look for?
• What is the difference between a utility patent and a design patent?
• What is the ordinary observer test for design patent infringement?
• What is the practical fallout of LKQ for design patent applicants?
• What is the total-profit remedy under § 289?
• What procedural tools are unavailable in design prosecution?
• What views must design patent drawings include?
• What was the Rosen-Durling test?
• When should I file a design patent?
• When should I file a utility patent rather than a design patent?
• Why did LKQ arise from the auto parts market?
• Why might one product need several design patents?