Design Patent
Design patents may be granted on a new, original, and ornamental design for an article of manufacture. The design patent protects only the ornamental design features of an article, not its functionality.
Utility Patent
A utility patent protects the functional aspects of an invention, and may be issued on any new or improved machine, material or process classified as: Simple Mechanical Complex Mechanical Electrical Software.
Utility Patent: Provisional versus Non-Provisional Patent Application?
You can secure a filing date for a UTILITY PATENT by filing either a PROVISIONAL PATENT APPLICATION (PPA) or NON-PROVISIONAL APPLICATION (NPA). An NPA is examined on the merits and if the invention is patentable, will result in a patent registration. On the other hand, a PPA will not be examined on the merits and will NOT result in a patent registration. A PPA will abandon within one year. You can secure a filing date for a DESIGN PATENT by filing a Design Patent Application (DPA).
Why file a Provisional Patent Application?
A person wishing to secure a filing date in order to prove first invention may do so more quickly by filing a Provisional Patent Application (PPA). A PPA costs significantly less and need not satisfy the strict requirements of a NON-PROVISIONAL PATENT APPLICATION (NPA). Instead, the inventor need only provide sufficient disclosure of the invention to enable another person similarly skilled to make and use the invention. Also, a PPA gives an inventor one year to decide whether to file an NPA while still claim the filing date of their PPA as their invention date. A PPA cannot be filed for design patents.