I have filed an application for a utility patent. Can I also file for a design patent as a plan B should the application be denied?
1 Answer
Yes. Read for example this article for more background information: http://www.cdfslaw.com/publications/practice-tip-claiming-priority-design-utility-patent-applications/
Design and utility patents have different scopes of protection, so filing both might be a good idea even if the utility patent gets granted.
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If possible, could I recommend you summarise the link in your answer to make it complete. This will ensure that future readers can still find this answer useful, even if the linked article changes.– MacaDec 15, 2016 at 5:08