Design Patents - Design Patent Prosecution: It's Not The Same!

When you hear the terms "design patent" and "utility patent," the tendency may be to focus on the "patent" part and assume that design patents are mostly like utility patents.  While the two share some aspects, there are also many important differences.  But, those intellectual property (IP) practitioners— and clients—who treat design patent applications the same as utility patent applications can often find themselves making mistakes and creating issues that may harm their overall IP portfolio and strategy. 

In the United States, a single government agency, the U.S. Patent and Trademark Office (USPTO), examines and issues utility patents, design patents, and trademarks.  But in many parts of the world this is not the case.  For instance, in the European Union, the European Patent Office deals with utility patents, while the Office for Harmonization in the Internal Market (known as OHIM) registers designs and trademarks.  As a result, designs and utility rights are