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Transcript:
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Design patents can beat out utility patents. If your invention is more of a visual invention if appearance is the prime goal, utility patent can be more useful. And the reason that I say that is that the design patent can’t really form a priority for a utility patent. Whereas you can go in the opposite direction. You can use a non-provisional application to then claim priority with a design. So, it’s often recommended even if you have a strong visual element or that’s really the focus of your
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invention and you may be tempted to just seek a design application. You know, I recommend filing at least a provisional utility application and then that gives you more flexibility. Even if design is a strong part of your invention, it’s a good idea to file a provisional utility and then have more flexibility as to what you want to do on the design and utility
This transcript was AI generated.
