The stereotypical type of patent that the public is familiar with, such as the ever-popular ‘better mousetrap,’ is what is known as a ‘utility patent.’ Utility patents are issued for novel machines, processes, and methods. In short, utility patents cover how something works.
However, there is another type of patent, known as a ‘design patent.’ This type of patent covers the “new, original, and ornamental design for an article of manufacture.” In other words, design patents cover how something looks. Function versus form.
Design patents don’t just cover how a physical object—such as a woman’s handbag—looks, but also the design of user interfaces, and specific aspects thereof. One of the most infamous recent examples of a design patent was Apple’s slide-to-unlock patent, which covered the process through which an Apple iPhone user would slide their finger across the screen in order to disable the phone’s security features.
While design patents have gotten a great deal of bad press in recent years, they are a great way of protecting novel designs and ornamentation for physical and digital goods.