QUESTION
If I file a provisional patent, can I file one or more design patents as needed?
Asked on Feb 01st, 2011 on Patents - Washington
More details to this question:
I have filed a provisional patent, but I feel there may be more than one design patent resulting from this work. Can I break the concept up into more than one design patent, as needed. I feel my ideas are more focused on design than utility patents
3 ANSWERS
Internet Attorney serving New York, NY
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Handal & Morofsky, LLC
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You can file a divisional design patent off a utility patent application provided there is some disclosure that supports the design application. During the one year after filing of a provisional application, you should claim the priority of any provisional filing.
Answered on Feb 03rd, 2011 at 11:28 AM
Basically a design patent only covers one embodiment. It has to be directed towards the non functional ornamental features of the invention. IE the shape of the railing ballisters.
Answered on Feb 02nd, 2011 at 10:28 AM
Intellectual Property Attorney serving Spokane, WA
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Malhotra Law Firm, PLLC
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It should be possible, as long as you meet the novelty requirements.
Answered on Feb 01st, 2011 at 9:13 PM