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Design Patent Question/Advice

ferris

Design Patent Question/Advice
« on: July 31, 2017, 07:47:32 PM »
Hello! Now for this I will substitute key words otherwise it's exactly to the T, sound good? :)

Now say, No one invented a cell phone case yet, and you decided to file a design patent and sell your idea. Would there be a point to filing, since the phone will change sizes in the future anyways?

This is my situation obviously with another product, but I don't know whether I should go for design or not. Thank you.

Brad

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Re: Design Patent Question/Advice
« Reply #1 on: August 01, 2017, 08:36:09 AM »
Usually exact sizes and dimensions will not matter as long as the layout, shape, curves, edges, etc. all look the same as in your patent.

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Feras

Re: Design Patent Question/Advice
« Reply #2 on: August 01, 2017, 11:17:59 AM »
Hello Brad, thank you for replying. I had one follow up question. I just realized there is something unique about my design, but how do I determine if it is more of a design patent or utility? It would be hard to describe openly on forums of course, so that would be the better question.

Brad

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Re: Design Patent Question/Advice
« Reply #3 on: August 01, 2017, 02:27:50 PM »
It could be both.

If it functions in a new/different way then it would be more of a "utility" patent.   For example, if you invented a new iphone case that had a neat wavy pattern to it but worked the same as other cases the only unique thing about that would be the way it looks so a "design" patent would be your only options.

However, if your case also had a fold-out section that you could use to stand the iphone up on its side that may be a new and different function for the case so a "utility" patent would be best.

My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.