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Wrong Patent

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G

gary haynie

Guest
What is the name of your state? California

I beleive I submitted the wrong patent and nothing was said to me at all for over three years . Only the last several months was the examination process. It was obvious too, they said nothing to me about this. However I have a claim that is a both a design and Utility.

Should and can I replace this design patent with a utility patent?.

Or should I scratch out the function of the invention that would be the utility and process the design part of it and then file the utility later?. Also someware would I lose the filing date?
Thanks G.H.
 



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