QUESTION

I filed a utility patent about 6 months ago, can I now file a design patent for the ornamental aspects?

Asked on Oct 23rd, 2012 on Patents - Utah
More details to this question:
Does the utility patent count as "prior art". When I filed the utility I did not mention that I would file a design patent.
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1 ANSWER

Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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Design patent applications can claim priority to non-provisional utility patent applications but cannot claim priority to provisional utility patent applications. The claim of priority only applies to subject matter sufficiently described in in the prior application. When in doubt, it is generally a good idea to claim priority even if you are not certain that priority will be granted.
Answered on Oct 24th, 2012 at 1:57 PM

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