A utility patent is stronger than a design patent and gives the holder more protection for an item. See below:
The difference between a design patent and a utility patent is that a design patent protects the ornamental design, configuration, improved decorative appearance, or shape of an invention. This patent is appropriate when the basic product already exists in the marketplace and is not being improved upon in function but only in style. For example, designer eyeglass frames, the original Coca-Cola bottles, and "Pet Rocks" would have all been protected with design patents. A U.S. design patent lasts for 14 years.
A utility patent protects any new invention or functional improvements on existing inventions. This can be to a product, machine, a process, or even composition of matter. For example, going from LED technology to OLED would call for a new utility patent. In this case the material of the light emitting diodes has gone from the synthetic material used in LEDs to organic material in OLEDs. Other examples would be a better carburetor, a new type of self-fastening diaper or a new recipe.
The life of a U.S. utility patent lasts 20 years from the date of filing assuming the patent is granted, but the owner of the patent must pay maintenance fees to the United States Patent and Trademark Office (USPTO) to keep a utility patent from expiring. These fees are due at 3½, 7½, and 11½ years and amount to roughly $3500 U.S. dollars for individuals and small businesses.
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