Having seen quite a few design patents, and copyrighted designs, I'm not even sure where the line is between the two. Utility patents are the traditional patents in question (software and functional objects). I don't think you can get a design patent for software.
I'm all for utility patents, if the patent examining system is changed to get more help or advice from experts in the field, to more quickly find previous pertinent patents that could expedite invalidation of infringing applications, or decide if it's too broad.