When inventors or entrepreneurs want to protect a new idea, the question sometimes arises: is it a utility patent or a design patent? This distinction is important, because each protects a different type of innovation – and the right choice affects the type of legal protection, the examination method, the duration of protection, and even the marketing strategy.
Utility patent – protection of the function
A utility patent, also called a utility patent, is the most common and well-known type. It is designed to protect the technological aspect of the invention: how it works, what the new mechanism is, and what technical solution it offers to an existing problem.
The utility patent is usually valid for 20 years from the date of filing, and includes a substantive examination process that checks whether the invention is truly new, not obvious, and technically applicable.
For example, if you have developed a new mechanism for opening bottles, a method for improving data processing speed, or a new chemical substance – this is an area that belongs to a utility patent. This is protection that focuses on “how it works.”
Design patent (model) – protection of appearance
In contrast, a design patent (known in Israel as a "registered design") is intended to protect The exterior appearance of a product. It is not about what the product does, but how it looks – its shape, its lines, and the overall aesthetics.
A sample is suitable for cases where the design is unique and gives the product a distinct identity – such as a bottle with an original design, a graphical user interface (GUI), or a piece of furniture with innovative lines.
In Israel, a design can provide protection for up to 25 years (subject to renewal every 5 years), and its examination is faster because it focuses only on whether the design is new and not copied.
So when to write down what?
If your invention involves technological innovation – for example, a mechanical mechanism, software, or industrial process – you probably need a utility patent. But if you have developed a new form for an existing product, an original interface design, or a new graphic element, you should consider registering a design.
It is important to understand that these two routes Do not overlap – A utility patent does not protect the design, and a design patent does not protect the technology. Therefore, in many cases it is advisable to register both – especially if it is a product with both design and functional value. A smartphone, for example, can be protected by a patent on the display system or processor, and at the same time by a design patent on the design of the device’s body.
Common mistakes to avoid
There is a tendency to think that registering one patent is enough to “protect everything,” but in practice – accurate registration according to the essence of the invention is critical. A common mistake is to file a utility patent and expect it to also cover the design, or to assume that a design provides protection for the functionality of the product. It is important to distinguish between the two types of protection and plan your strategy accordingly.
In conclusion
The choice between a design patent and a utility patent depends on the nature of your invention. A utility patent deals with what the product does; a design patent deals with how it looks. In a competitive market, especially when it comes to consumer products, design can be as important an asset as the technology itself – so it’s worth getting to know both tools and knowing how to use them wisely.
