Patent, utility model or design: which to choose
Not everything is protected with an invention patent. Depending on what you want to protect — a technical function, a practical improvement or the appearance — the right tool changes.
⚠️ Informational guide, not legal advice. The choice of tool should be assessed with an attorney.
Invention patent
Protects a new technical solution to a technical problem. Requirements: novelty, inventive step, industrial applicability. It's the strongest and broadest protection. Duration: 20 years from filing (with maintenance fees). Suitable when you have a genuine technical/functional innovation.
Utility model
Protects new models that give particular efficacy or ease of use to machines, tools, implements or objects — typically improvements in the shape or configuration of existing products. The required "inventiveness" threshold is lower than for a patent. Duration (Italy): 10 years from filing.
⚠️ Not all countries provide for the utility model (Italy and Germany do; others don't).
Design (registered design)
Protects the external appearance of the product: shape, lines, colours, ornamentation — not the technical function. Duration: up to 25 years (renewable in 5-year periods). Suitable when what matters is the product's aesthetics.
What if it's software, a name or content?
- Software "as such": not patentable, except with a further technical effect; the code is in any case protected by copyright.
- Product name/logo: protected with a trademark.
- Texts, graphics, works: copyright.
Summary table
| Tool | What it protects | Duration |
|---|---|---|
| Invention patent | Technical solution | 20 years |
| Utility model | Practical improvement of shape/use | 10 years (IT) |
| Registered design | Aesthetic appearance | up to 25 years |
| Trademark | Name/logo | indefinitely renewable |
Where to start
Often the right protection is a combination (e.g. patent + design + trademark). The first step is to understand whether there is a patentable technical component: there, a pre-screening gives you a quick answer.
→ Find out if your invention is patentable
Frequently asked questions
Utility model or patent? If it's a practical improvement of an existing object, often the utility model; if it's a genuine technical innovation, the patent.
Does design protect the function? No, only the appearance. For the function you need a patent or a utility model.