By Tony N. Woolard, USPTO-registered patent attorney and founder of Harborage Law, PLLC. Updated October 2026.
Inventors often hear that they need "a patent," but there are two very different kinds for most products. Choosing the right one, or both, depends on what makes your product valuable: how it works, how it looks, or both.
Short answer
The USPTO explains that a utility patent protects the way an article is used and works (35 U.S.C. Section 101), while a design patent protects the way an article looks (35 U.S.C. Section 171). A utility patent's term ends 20 years from its U.S. filing date and requires maintenance fees. A design patent lasts 15 years from the date it is granted and has no maintenance fees. The USPTO states that both may be obtained on an article if invention resides both in its utility and ornamental appearance.
Side by side
What each one protects
Utility patent: any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof (35 U.S.C. Section 101).
Design patent: any new, original and ornamental design for an article of manufacture (35 U.S.C. Section 171).
How long it lasts
Utility patent: the term ends 20 years from the date the application was filed in the United States, or from the earliest U.S. application it relies on under Sections 120, 121, 365(c), or 386(c) (35 U.S.C. Section 154(a)(2)). A provisional application's filing date does not start this clock (35 U.S.C. Section 154(a)(3)).
Design patent: 15 years from the date of grant (35 U.S.C. Section 173).
Maintenance fees
Utility patent: due 3.5, 7.5, and 11.5 years after grant.
Design patent: none. Federal law provides that no fee may be established for maintaining a design patent in force (35 U.S.C. Section 41(b)(3)).
Claims
Utility patent: the claims define the invention in words, and the specification must contain a written description of the invention and of how to make and use it (35 U.S.C. Section 112(a)).
Design patent: a single claim in formal terms to the ornamental design for the article as shown, or as shown and described. More than one claim is neither required nor permitted (37 C.F.R. Section 1.153).
Provisional applications and foreign priority
Utility patent: a provisional application can come first, and a foreign filing can be relied on for priority if the U.S. application is filed within 12 months (35 U.S.C. Section 119(a)).
Design patent: the benefit of a provisional application under Section 119(e) does not apply to designs, and the foreign priority period is six months (35 U.S.C. Section 172).
USPTO filing, search, and examination fees (as of October 2026)
Utility patent: $2,000 large entity / $730 small entity filing electronically / $400 micro entity
Design patent: $1,300 large entity / $520 small entity / $260 micro entity
When a utility patent fits
A utility patent fits when the value is in the function: a new mechanism, a better process, or a new chemical formulation. Its claims define the invention in words, so the application must describe the invention fully enough to support them.
When a design patent fits
A design patent fits when the value is in the appearance. The USPTO explains that the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation. The USPTO also calls the drawing disclosure the most important element of a design application, because the single claim covers the design as shown in the drawings.
When you may want both
Many products are valuable for both reasons. A kitchen tool might have a new mechanism and a distinctive look. The USPTO states that utility and design patents afford legally separate protection, and that both may be obtained on an article if invention resides both in its utility and ornamental appearance. Each protects a different aspect of the product.
Frequently asked questions
Which is cheaper, a design patent or a utility patent?
At the USPTO, a design patent is less expensive. Filing, search, and examination fees total $1,300 for a large entity, compared with $2,000 for a utility application, and design patents have no maintenance fees (as of October 2026). Our article on how much a patent costs breaks down every fee.
Can I file a provisional application for a design?
No. The USPTO states that provisional applications may not be filed for design inventions, and federal law provides that the benefit of a provisional application under Section 119(e) does not apply to designs (35 U.S.C. Section 172). Our article on provisional patent applications explains how they work for utility inventions.
How long does a design patent last?
Fifteen years from the date of grant (35 U.S.C. Section 173), with no maintenance fees required to keep it in force (35 U.S.C. Section 41(b)(3)).
Can I mark my product "patent pending" with a design application?
Federal law penalizes marking a product "patent pending" for the purpose of deceiving the public when no application has been made or the application is not pending (35 U.S.C. Section 292(a)). While a design application is pending, the notice reflects a pending application. Our article on what patent pending means covers the rules.
Not sure which patent fits your product?
Harborage Law prepares utility, design, and provisional patent applications for inventors and startups in every state, with flat attorney fees quoted in writing before any work begins. You can learn about our patent services or book a free consultation.
Government fees are set by the USPTO and may change. The amounts above are from the USPTO fee schedule as revised August 14, 2026; please confirm the current fee on uspto.gov before filing.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
