Post #201010 by sumu on Thu, Dec 1, 2005 8:38 AM

It's relatively easy to get around a design patent; you simply alter the design or look of the item. Now a UTILITY patent is a different matter, and would be much more challenging to get around, as that directs how an item works or functions. A mug in the shape of a skull - design patent, a mug that whistles when you drink from it - utility patent.

If both utility and design are important, you can get both - If the design, say, offers some sort of function - for instance, a kitchen utensil that has a handle that is shaped in a certain way that makes it easier to hold and use.