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July 17, 2023
John Rizvi, Esq.

Should I Apply for a Design Patent or a Utility Patent First? Is it Important to File Both?

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from Bob, a, you'd like to know, can you share the priorities of what comes first? Design versus utility versus other things? Okay. Yes. He wants to know if there's a ordering. Yeah. So definitely, I mean, we will. This is a great question. And for those listeners that don't know what he means by design or utility, the theme for our Ask the patent PROFESSOR Last Friday, was design patents versus utility patents. Basically, it was what are the different types of patents? So I'll give a quick example, do you have the original slinky or not the original, but this is a plastic version. Perfect. So if you look at that, that's an idea. It has basically utility is the what it does, how it functions, that's patented. Now what you see here is an improvement. It's the improvement to cashiers all tangled up, what did you do to your slinky? Well, you just just just wait till you see the improvement if I can get it to work, but you got it off saying no, see bounce bounces. But here it is. Perfect. There it is, look at this huge thing can fold into this tiny little part for shipping. And of course, there it is, it pops back open. Now if this inventor were to use this, too, but does yours pop back? Yeah, well, all right. Well, let's, I think I got you in to do this. And can you roll it up and down your arm as such? Well, it's not working, I shouldn't have worn full sleeves. But the bottom line is, this is a this has utility features. There's the specific function, the way it's built, this can be described in a utility patent that protects the use, you can also protect the way it looks, but the way it looks is not nearly as as broad of protection because a competitor can change that. So that's important. What's that? Looks like a molecule or one of those things. Yeah, so it's the way now as far as the question on, what was the name of the person that asked the name of the person that asked Is Bob A. Okay, so yeah. So Bob, you want to pursue utility, patent protection immediately if you can. That's the preferred way that gives you broader protection. If your idea has a unique look, you certainly should protect that, in addition, and sometimes the look is the only thing unique about it, so you can't file a utility. So hopefully that answers your question.

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