Design Patent vs Utility Patent: Which One Do You Need?

Design patent or utility patent? Dylan Adams, patent attorney and author of Patents Demystified, breaks down the true differences, costs, and timelines—so you pick the right protection for your product.

📌 What you’ll learn
-- How design patents and utility patents really differ in scope, cost, and strength
-- Why choosing the wrong filing (or filing too early) can wipe out your IP budget
-- When to use one, the other, or both—plus real-world examples from consumer products to bike-rack art
-- Insider tips: using dashed lines to broaden design-patent coverage and the “provisional-first” playbook for startups
-- Typical attorney fees, USPTO timelines, and why rejections are almost guaranteed for utility apps
-- The #1 mistake founders make (hint: public disclosure before filing) and how to avoid it

Additional Patent Resources:
My best-selling book, Patents Demystified: https://amzn.to/2MX5le9
The top book on licensing your idea or invention: https://amzn.to/3tDLSib (One Simple Idea by Stephen Key)
When to file a patent application: https://www.dwt.com/blogs/startup-law...
Is software patentable: https://www.dwt.com/blogs/startup-law...
My appearance on CNBC’s “The Profit” with Marcus Lemonis: https://www.cnbc.com/video/2019/11/08...

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**** DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. *****

00:00 Intro – why the right patent type matters
00:25 Patents vs. copyrights (clothing & ribbon bike-rack case)
02:23 Basics of Design vs. Utility Patents
02:56 Design vs. Utility Patent Claims
03:56 When to Get Design vs. Utility
05:11 When to Get Both Design & Utility
06:51 Utility Application Process
08:14 Design Application Process
09:21 Utility Applications Are Complex
12:26 Design Applications Are More Simple
14:51 File Before Public Disclosures, Public Uses or Offers For Sale
15:12 Wait to File Design Application
15:59 Wait To File Utility Application
17:09 Use Dashed Lines in Design Drawings
18:30 Consult With A Patent Attorney