A recent study by Dennis Crouch over at the Patently-O blog finds that over the last three years, the majority of design patents were examined and issued within about 12 months of application. This is not to be confused with the pace of utility patent review – where most patents do not get issued for three or more years from application date.

This difference in rates is do in part to the sheer difference in numbers of applications filed. Over 500,000 utility patent applications are filed annually, compared to about 30,000 design patent applications.  It’s also important to keep in mind the difference in the types of claims contained within the application. Design patents protect esthetic features and include single narrow claims for purely ornamental aspects of a product. They never cover any functional features. Utility patents, on the other hand, protect new and useful inventions and typically include numerous elaborate claims, all of which must be carefully scrutinized.

If you have a question about the patentability of your idea or would like to discuss the patent application process, please contact Zak Shusterman.