Utility patents protect the construction or function of a product, while design patents protect the appearance of a product or a portion of a product. Because utility patents and design patents each protect different aspects of a product, it is possible, and often desirable, to try to obtain both types of patents on a product. Each type of patent offers certain advantages:
| Advantages of a Utility Patent | Advantages of a Design Patent |
| Protects the construction or function of the invention, regardless of appearance. | Protects the appearance of a product from simulation by competitors |
| Allows the utility patent applicant to mark the product “Patent Pending.” | Allows the design patent applicant to mark the product “Patent Pending.” |
| Usually has a longer term than a design patent. | Usually less expensive to obtain than a utility patent. |
| Usually easier to obtain than a utility patent. | |
| Allows the design patent owner to recover the infringer’s profits, in addition to other remedies for infringement. |
Where only appearance is important, a design patent may offer sufficient protection. Where the construction or function of the product is important, a utility patent may be needed instead of, or in addition to, a design patent in order to adequately protect the invention.