Can You Get Both a Design and Utility Patent?
When protecting an invention, one of the most common questions inventors ask is: can you get both a design and utility patent? The short answer is yes—and in many cases, it’s a smart move. These two types of patents serve different purposes, and using them together offers broader protection for your intellectual property.
What Is a Utility Patent?
A utility patent protects the way something works. It covers inventions that are new, useful, and non-obvious. If your product has a unique structure, function, or process, it qualifies for utility patent protection.
For example, if you’ve invented a new water purification system or a piece of smart fitness equipment, a utility patent will cover the internal mechanisms and how it operates.
- Protects: Function, operation, and process
- Duration: 20 years from the filing date (renewal fees required)
- Filing Cost: Typically $5,000–$15,000+
What Is a Design Patent?
A design patent protects how a product looks. It focuses on the visual and ornamental characteristics rather than how the product functions. If your invention has a distinctive shape or decorative design, a design patent will keep competitors from copying its appearance.
Think about the curvy Coca-Cola bottle or the sleek design of Apple’s AirPods—those are covered by design patents.
- Protects: Aesthetic design and shape
- Duration: 15 years from the grant date (no renewal fees)
- Filing Cost: Typically $1,000–$3,000
Can You Apply for Both a Design and Utility Patent?
Yes, you can apply for both types of patents for the same invention. Doing so gives you two layers of protection—one for how your product works and another for how it looks.
This is particularly useful in competitive markets where both function and form are major selling points. For example:
- Smartphones: Protected by utility patents (for software, sensors, etc.) and design patents (for body design, screen layout).
- Fitness Devices: Protected for functionality (calorie counting, motion tracking) and visual appearance (curved screen, wristband design).
- Home Appliances: Think of a coffee maker with a unique brewing process and a futuristic shape—both patent types apply.
Why Dual Patent Protection Matters
Relying on just one type of patent can leave your invention vulnerable. If you only file a utility patent, someone could copy your unique design and create a similar-looking product. If you only file a design patent, competitors might replicate your functionality using a different visual design.
With both a design and utility patent, you control both the inside and outside of your invention.
Benefits of Applying for Both
- Comprehensive IP Protection: Covers both how your invention looks and works.
- Higher Market Value: Products with dual patents are more attractive to investors and acquirers.
- Enforcement Power: More legal options to stop infringement from multiple angles.
How to Apply for Both Patents
You’ll need to file two separate applications: one for the utility patent and another for the design patent. Each has its own requirements and examination process.
- Design Patent Application: Focuses on detailed visual drawings and a brief specification.
- Utility Patent Application: Requires a technical description, claims, and potentially prototypes.
It’s recommended to file both applications close together or simultaneously to avoid gaps in protection. You can read the official USPTO guidance on types of patent applications.
Are There Any Downsides?
While dual protection is powerful, it also comes at a higher cost. You’ll be paying separate filing fees, attorney fees, and (for utility patents) ongoing maintenance fees. There’s also more paperwork and longer review times.
However, for high-value inventions, the benefits outweigh the investment.
Pro Tip: Use a Patent Attorney
Applying for two patents is not a DIY project. A qualified patent attorney can help you:
- Decide which aspects of your invention to protect under each patent
- Ensure your applications don’t overlap or conflict
- Draft claims and illustrations that meet USPTO standards
The small upfront cost of hiring a professional can save you thousands—and your IP—down the road.
Conclusion
Yes, you can absolutely get both a design and utility patent—and doing so may be the best way to secure your invention from all angles. Utility patents protect function. Design patents protect appearance. Together, they offer a strong legal framework against competitors looking to imitate your innovation.
To learn more about how these two patent types differ, check out our post on design vs utility patent differences.