Protecting Your Exclusive Rights To An Original Design Or Invention
Anyone operating a business for any length of time knows the competitive nature of intellectual property law. This competitiveness might be most prevalent in the area of patents for designs and utilities. As soon as a new invention or innovation comes into existence, an entire team of other similar businesses will be looking for ways to copy it for their own benefit. For businesses with a new invention, seeking to buy or sell a patent or doing any kind of inventing, it is critical to have a firm with knowledgeable patent lawyers as part of your team protecting your interests.
At Carrithers Law Office, PLLC, we are a premier intellectual property law firm serving clients throughout the United States and in foreign countries. Our attorneys focus exclusively on IP law, which allows us to give this complex practice area the focus and knowledge required for success.
Utility And Design Patents
A utility or design patent gives the holder the legal right to exclusively manufacture, use or sell an invention.
At Carrithers Law, we provide all types of solutions regarding utility and design patents:
- Patent searches: If a business is creating any kind of new invention, it will need to conduct research to make sure its new invention isn’t too similar to something that has already been invented and patented. Failure to do this due diligence could result in criminal prosecution or a civil lawsuit.
- Merger and acquisition: Due diligence IP investigations of patent, trademark, copyright, and trade secret portfolios or potential business ventures.
- Patent acquisitions: Our lawyers represent businesses in their efforts to acquire patent protection for their original inventions and designs.
- Patent transactions: Our patent attorneys provide legal counsel and contractual support for purchase/sale agreements of patents, as well as leasing and use agreements. These are complex, high-stakes transactions, so make sure you work with a legal team you can trust to protect your interests.
- Patent disputes and litigation: We can represent plaintiffs bringing civil claims of patent and design theft, or we can represent small businesses or major corporations defending against these claims.
- International Patents: Preparation and filing of PCT and U.S. applications in other countries and filing and prosecution of foreign patents before the U.S. Patent and Trademark Office.
Our lawyers take a thorough, detailed approach, backed by the experience essential to success in this complex area of law.
Frequently Asked Questions
Understanding the nuances of patent law is the first step toward transforming your innovative concepts into defensible business assets. The following answers clarify the critical distinctions in patent types, timelines and legal standards to help you navigate the federal filing process effectively.
What is the difference between a utility patent and a design patent?
The distinction between these two protections comes down to the classic separation of form and function. A utility patent protects the way an invention works, covering its functional structure, chemical composition or mechanical process. These are the most common patents and last for 20 years from the filing date.
In contrast, a design patent protects only the ornamental appearance of an article – its unique shape, configuration or surface ornamentation. If a competitor copies the look of your product but uses a different internal mechanism, your design patent is your primary line of defense. Design patents are generally faster to obtain and last for 15 years from the date of grant.
How long does it take to get a patent granted by the USPTO?
As of 2026, the average timeline for a standard utility patent application is approximately 22 to 30 months. This includes an initial waiting period of about 18–20 months before a patent examiner issues the first office action.
However, for businesses that require faster protection, we can utilize the USPTO’s Track One Prioritized Examination, which aims to reach a final disposition within 12 months. Design patents typically move more quickly through the system, often reaching a grant within 12 to 18 months. Factors such as the complexity of the technology and the number of office actions (responses to examiner objections) will ultimately determine your specific timeline.
What are the requirements for an invention to be considered patentable?
To qualify for a federal patent, an invention must meet four primary legal standards under U.S. patent law:
- Statutory subject matter: The invention must fall into a recognized category: a process, machine, manufacture or composition of matter. (Abstract ideas and laws of nature are generally excluded).
- Utility: The invention must be useful, meaning it performs a specific, credible and substantial real-world function.
- Novelty: The invention must be truly new. If it was publicly disclosed, sold or described in a publication more than one year before your filing date, it may be barred from protection.
- Nonobviousness: This is the highest hurdle. An invention is obvious (and therefore unpatentable) if a person with ordinary skill in that specific field could have easily combined existing technologies to reach the same result.
At Carrithers Law Office, PLLC, our team of engineers and patent attorneys performs rigorous infringement and validity analysis to ensure your application is built to withstand these challenges.
Contact Carrithers IP Today
For years, our clients have trusted in the valuable IP law counsel our patent attorneys provide. Protect your interests. Call Carrithers Law, at 502-452-1233 or contact us online.