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Utility versus a design application?

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Utility versus a design application?

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A design patent only protects the way an article “looks,” i.e. size, shape, configuration, dimensions, overall appearance. A design patent only has one claim and the claim refers to “the ornamental design for the article (specify name) as shown or as shown and described.” The term of a design patent is 14 years from the date of grant. A utility patent protects the way an article is used or works. A utility patent can have more than one claim. The term of a utility patent filed on or after June 8, 1995 is generally 20 years measured from the U.S. filing date. For additional information regarding the differences between a utility patent and a design patent, see MPEP 1502.01 ( http://www.uspto.gov/web/offices/pac/mpep/mpep_e8r5_1500.pdf ).

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