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A design patent provides absolutely no protection for any functional aspect of the design; only the ornamental appearance. They are also valid for only 14 years from date of issue. You would need to file two different patent applications to protect both the design and the function of a device, and this is fairly typical for consumer products (e.g., shoes, home appliances, etc).

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Q: What should you do if you want to apply for a utility patent so the function will be protected and your attorney wants to apply for a design patent and what is the difference?
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