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Design or Utility Patent
Posted by Anonymous . updated on 10/6/2009
The item I want to market already has 7 Utility Patents. But the patents are not exactly how I have designed it. Should I file for a Design Patent since the function of my idea already exists within and outlined in the other 7 Utility Patents. Or is this a Utility Patent since it has a function. Thanks
Answers (1)
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Sanaa T...
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Hi there,
You may file for a Utility Application yet, chances of being granted a patent are more when the invention is not obvious to someone skilled in the prior art, and is a novel feature.
Since the function of your idea is the same as the already existing 7 Utility Patents, you may not be granted a Utility Patent. We suggest you file for a Design Patent, as your design is different from the previous 7 Patents on this item.
You can check out our Design services here: http://www.patentexpress.com/patents/design_patent_plus.aspx
Let us know if you have any further queries.
You may mail us at customer.service@patentexpress.com or call us at (877)-794-9511 Monday to Friday 9 am to 6 pm
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