There are currently over 6 million United States patents issued to inventors. Without a patent, anyone can make and sell your invention without your permission and without paying you. A utility patent protects the function of an invention. Utility patents are granted for any new, useful and non-obvious process, machine, manufactured article, composition of matter, or any new and useful improvements to any of these types of inventions. The term of a utility patent is 20 years from the date of filing.
Utility patents are usually more desirable than design patents.
A design patent protects the overall appearance of an invention and is granted for any new, original and ornamental design for an article of manufacture. The term of a design patent is 14 years from the date of issuance. A design patent should only be chosen if the appearance of the invention is important, otherwise utility patent protection should be sought. Before seeking patent protection, you should first determine whether your invention is potentially marketable. If your invention is not marketable you do not need patent protection.