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Old 10-06-2009, 11:13 AM
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Design or Utlity Patent

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 is already exists within and outlined in the other 7 Utility Patents. Or is this a Utility Patent since it has a function. Thanks
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Old 10-06-2009, 12:21 PM
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If the function of your device is already covered by seven patents, it obviously doesn't seem to fit the concept of novelty required for a utility patent. Presumably you have the rights to use those underlying patents?

A design patent only covers the ornamental appearance. It's not something that protects all embodiments of an object.

Can't tell from the limited information whether your product qualifies for any such protection.
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Last edited by FlyingRon; 10-06-2009 at 12:23 PM.
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