Processes, Machines, Manufactures, and Compositions of Matter 

Anyone who "invents or discovers any new and useful process, machine, manufacture, or any composition of matter, or any new and useful improvement thereof, may obtain a patent... " 35 U.S.C. 101.  Utility patents are the best known types of patents, and are generally the most frequently sought type of patent. 

 

Decker, Jones, McMackin, McClane, Hall & Bates

Burnett Plaza

801 Cherry Street, Suite 2000, Unit #46
Fort Worth, Texas 76102-6836
(817) 336-2400
Metro (817) 429-5260
Telecopier (817) 332-3043


Email:  Byost@deckerjones.com

The Difference Between Design and Utility Patents
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). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance. While utility and design patents afford legally separate protection, the utility and ornamentality of an article are not easily separable. Articles of manufacture may possess both functional and ornamental characteristics.