What Kind of Patent Do You Need?
Here’s What We Learned While Building the Saal Surf Backpack
Developing a new product is thrilling—but it also comes with moments of confusion. One of those moments hit us early in the journey of designing the Saal Surf Backpack: What kind of patent do we need?
We had a unique design, some clever utility features, and an evolving prototype. But the path forward wasn’t obvious. Should we protect the aesthetics? The functionality? Or file something provisional just to get started?
If you’ve found yourself in a similar situation, this guide breaks down the key types of patents—and what we learned as a design studio navigating the process firsthand.
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A design patent protects the visual appearance of a product. Think of Apple’s iPhone curves or the layout of a designer chair. It covers:
Shape
Ornamentation
Surface pattern
Overall aesthetic
It does not protect how the product works—only how it looks.
When to use it:
If your primary innovation lies in the form, and you want to stop others from copying your look, a design patent is the way to go.
Pros:
Faster and cheaper than utility patents
Strong for branding and visual IP
Simpler approval process
Cons:
Offers limited protection (someone could copy your functionality with a different look)
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A utility patent is the most common type of patent and protects how something works. This includes:
Mechanisms
Systems
Processes
Functional improvements
If your product solves a technical problem in a new way, a utility patent can protect that innovation.
When to use it:
If your product introduces new ways to function, assemble, dispense, or interact, a utility patent may be the right choice.
Pros:
Strong protection
Covers the “how” behind your product
Can lead to broader IP claims
Cons:
Expensive and time-consuming
Requires a very detailed and precise application
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A provisional patent application isn’t a patent—it’s a 12-month placeholder that allows you to claim “patent pending” while you finalize your product or conduct market testing.
It’s often used by startups and inventors to:
Establish an early filing date
Delay full utility patent expenses
Continue refining the invention
When to use it:
If you’re still working through technical details or preparing for a full patent submission, a provisional gives you breathing room.
Pros:
Quick and relatively inexpensive
Buys time while building or fundraising
Provides “patent pending” status
Cons:
Expires after 12 months if you don’t file a utility patent
Doesn’t offer legal protection on its own
What We Did at Saal
For the Saal Backpack, we had both visual and functional elements that were new. So we initially explored both design and utility protection. But before diving into expensive filings, we started with a provisional patent. That let us:
Test the market
Finish prototyping
Build investor and manufacturing interest
Avoid early legal costs
Eventually, we consulted with a patent attorney—something we recommend for anyone serious about protecting IP. They helped us refine our claims and decide which patent strategy aligned with our goals.
Lessons Learned
Start learning early. Even if you’re not ready to file, understanding patent basics can shape your design and strategy.
Document everything. Keep dated records of sketches, prototypes, and development stages.
Consider your goals. Are you licensing? Launching a Kickstarter? Pitching investors? Your patent needs may vary depending on your plan.
Talk to a professional. A good attorney can help clarify what’s worth protecting and how to do it properly.
“There’s no one-size-fits-all patent strategy. The right move depends on your product, timeline, budget, and goals. But don’t let the complexity paralyze you. Most founders and designers we know start exactly where we did—asking basic questions and learning as they go.”
Got questions about the patent process or want a second opinion on your design? Drop us a line—we’re happy to help.
