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?


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.

  • 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.
    – Maca
    Dec 15 '16 at 5:08

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