How to apply for a utility patent

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?

Thanks,

Micheal

[chicago]

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).

Patent Applications - How To File for a Utility Patent

How to file a patent application for a non-provisional utility patent.
By Mary Bellis, About.com

A patent application is a complex legal document and should be prepared by someone trained to prepare such documents. After reading this guide, you may wish to consult with a registered patent attorney or agent. However, getting educated in the patent application process makes you an informed consumer.

Types of Patents

There are three types of patents, utility, design, and plant. There are also two subtypes of utility and plant patents called provisional and nonprovisional. The majority of patents are for nonprovisional utility patents.

Nonprovisional Utility Patent

This tutorial contains information to assist you in filing your nonprovisional utility patent application. It discusses the required parts of a utility patent and how to prepare and file your patent application.
Patent applications follow a format derived from the patent laws and regulations, found at Title 35 of the United States Code (U.S.C.), and Title 37 of the Code of Federal Regulations (CFR).

It is not always necessary to read these laws and regulations in order to file a patent application. However, the application is a legal document and you might have to reference this material or want to. You will find it all referenced below.

More info:
How To File a Patent Application - Filing for a Utility Patent



A Guide to Filing A Non-Provisional (Utility) Patent Application

Source:
Non-Provisional (Utility) Patent Application, A Guide to Filing

(Excerpted from A Guide to Filing A Utility Patent Application print brochure)

Introduction
Nonprovisional Utility Patent Application Requirements
Utility Patent Application Transmittal Form Or Transmittal Letter Fee Transmittal Form And Appropriate Fee
Application Data Sheet
Specification
Title Of Invention
Cross-Reference To Related Applications
Statement Regarding Federally Sponsored Research Or Development
Reference To A Sequence Listing, A Table, Or A Computer Program Listing Compact Disc Appendix
Background Of The Invention
Brief Summary Of The Invention
Brief Description Of The Several Views Of The Drawing
Detailed Description Of The Invention
Claim Or Claims
Abstract Of The Disclosure
Drawings (When Necessary)
Oath Or Declaration
Sequence Listing (When Necessary)
Obtaining A Receipt For Documents Mailed To The USPTO
Drawing Requirements
Identification Of Drawings
Graphic Forms In Drawings
Paper
Views
Exploded Views
Partial Views
Sectional Views
Alternate Position
Modified Forms
Arrangement Of Views
Front Page View
Scale
Character Of Lines, Numbers, And Letters
Shading
Symbols
Legends
Numbers, Letters, And Reference Characters
Lead Lines And Arrows
Copyright Or Mask Work Notice
Numbering Of Sheets Of Drawings And Views
Security Markings
Corrections
Holes
Patent and Trademark Depository Library (PTDL) Program