DECLARATION (37 CFR 1 63) FOR UTILITY OR DESIGN 2025

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16 codes (kind codes) include a letter, and in many cases a number, used to distinguish the kind of patent document (e.g., publication of an application for a utility patent (patent application publication), patent, plant patent application publication, plant patent, or design patent) and the level of publication (e.g.
A utility patent protects the functional aspects of an article, i.e., the way the article works and is used, whereas a design patent only protects the ornamental appearance of an article, such as its shape, configuration, and/or surface ornamentation.
In general terms, a utility patent protects the way an article is used and works (35 U.S.C. 101), while a design patent protects the way an article looks (35 U.S.C. 171).
Relationship to Utility Applications: A design application can also be a continuation or CIP of a utility application, provided the drawings in the utility application sufficiently disclose the claimed design.
Can a design patent application claim priority to a utility nonprovisional application? Yes, a design patent application may claim priority to a pending utility nonprovisional patent application, but not to a provisional patent application under 35 USC 172.
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The essential distinction between design and utility patents is the difference in protecting How it looks (design) vs. How it works (utility). If youre concerned about competitors copying the appearance of your concept, then apply for a design patent.
For your invention to qualify for utility patent protection, it must be a machine, process or method, article of manufacture, and/or composition of matter. Abstract ideas, natural phenomena, and laws of nature cannot be patented. The interplay of these requirements can lead to some interesting outcomes.

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