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[michelangelo]

I am reviewing the difference between the 2 but don't know if my idea would fall under design or utility patent...

An example of something similar to my idea:

A big metal chain link necklace with an icecream charm that dangles from the necklace - the cool part is that you can detach the ice cream charm and purchase other "charm pieces" to go there, thus creating multiple necklaces to be worn with different things.

This isn't my actual idea so take it if ya want, lol... but what patent would this be? Design? Utility? Or does it qualify for both? (If both I would want to do that to protect all around)

Thanks to all who answer!

[marlan43]

A DESIGN patent protects the DESIGN of something.
A UTILITY patent protects a means of USING something that already exists.

NEITHER actually applies to jewelry. What you describe is so common, it doesn't qualify for ANY form of protection. It has been public domain for longer than I have been alive.

[ricard83]

Like thousands of other jewelry design patents, your design could qualify for a patent, provided it meets the criteria of new, original ornamentation.

Only an examiner has the final say in whether it will be issued, in light of all of the relevant prior art.