Can I put both design and utility under utility? 3 Answers as of November 16, 2010

I am designing a product whose design is essential to its utility. What I mean by this is if the design were any other way it would not be as user-friendly. Do I need to apply for both a design and a utility patent or can I just apply for a utility patent?

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Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
You should file for both a design and a utility patent to get as much patent protection as you can. Remember, you are protecting an investment that is worth a great deal to you. Don't try and cut corners by getting sub-par protection.
Answer Applies to: California
Replied: 11/16/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
To apply for a design patent all you can patent is the not utilitarian features - those which are purely ornamental. You sound like you only have a utility patent. Investigate a copyright for it as a work of art.
Answer Applies to: Oregon
Replied: 11/9/2010
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
You can include drawings of your invention in your utility patent application. However, if and when the application becomes a patent, you can only prevent others from making products that function the same not look the same. In other words, they can make products that function differently but look exactly like your invention and you still cannot sue them. On the other hand, if you file both a utility and design patent applications and they both issue as patents, then you can prevent others from making products that not only operate like yours but also look like yours.
Answer Applies to: California
Replied: 11/5/2010
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