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| I filed a Design for a my inventive product - can I still get a Patent? In the USA, you can do so within 12 months of your disclosure. Outside the USA, there is a theoretical possibility that you could file a patent application claiming priority on the Design registration - depending on the invention being plainly clear from the Design drawings, and of course national law. In practice this is almost possible, and so it should generally be considered that a Design registration from which the invention is clear, would be a damaging disclosure preventing the grant of a filed Patent (Unless the Design registration has yet to be published). In general IP rights are cumulative rather than alternatives, in some products you could have patent rights, petty patent rights, national design rights, Europe-wide design rights (both registered and un-registered), copyright in various aspects of the product (especially if it came with software), and of course secret know-how. |
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