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Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3546
Experience:  Patent Bar Certified
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This question is patent (not utility patent). When a design

Customer Question

This question is for design patent (not utility patent). When a design of a product was marketed outside of the United State and did well, if I bring the product into the U.S. market, Can I file design patent for it even the design was exposed outside of the U.S.?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a decade of patent prosecution experience as a licensed patent attorney. It is a pleasure to assist you today.

Unfortunately, even with a design patent, if the subject of the application was revealed to the public, even outside the US, over one year prior to yor application before the USPTO, you are precluded from getting a design patent.

Let me know if you have another questions or comment.

Please also rate my answer positively.


Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any others questions. I want you to be comfortable moving forward. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

You have any other questions? Thanks

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