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July 17, 2023
John Rizvi, Esq.

Can I File for Both a Design Patent and a Utility Patent for the Same Invention?

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Just like to build single or same invention can be both file design and utility for the same invention.

Yep. Yeah, absolutely. Let me now we're ready for the next prototype. So here it is. So first of all, I want everyone to take a look at this, you probably think it's a slinky slinky. Yep. John, what did you it's all tangled now? No, no, it's not. But it's not a Slinky, it's an improvement. It's completely different. I'm trying to get it to. So I can demonstrate what it does that's unique. There it is, okay, so it folds up into this particular configuration. And then the beauty is you can stick your hand through it, and then bam, and then it poops out. And if you lift your hand, it kind of comes down. Who know who's staying? Here it is, and it goes back and forth. So I'm not the best demonstrator at this. I told you, I should have come into work sleeveless. And it sleeves don't really work with it. But nobody wants to see a patent attorney and a wife beater on the average is priceless. So you're using this as an example, this thing obviously has a unique look, it looks different than a slinky. Because it's got this central axis, which is slinky doesn't have, I wish, I wish I would have brought the full slinky with me. But I don't have my slinky, I've kept all my other toys, including the one that broke my heart. But if you follow a design patent for this, then that prevents a competitor from anything that funds that looks like this. But a utility patent will prevent will protect this specific look how you can take this whole flower looking arrangement and add it for shipping. And this is this is important. Like they can ship this to someone in this tiny configuration and save shipping cost. And when you let go, poof, there it is. So they can get this function protected with the utility and the look protected with the design. So hopefully that answers the question. Yes, you don't have to choose utility or design. You can file both. But sometimes there is nothing unique about the design, and it's only the utility

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