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If the application is rejected, the claims are likely deemed not patent eligible which means others can use them, but not patent them. (Even if the rejection is based on some other factor, the designs are now in the public sphere, and thus no longer patent eligible.) If the decision regarding the grant is still pending, the designs are protected in the ...


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The answer is maybe both. Design patents cover the ornamental design of functional objects. If you want to protect the look of the packaging then a design patent is a good way of doing it. Utility patents cover the function of the design. If your package actually works in a way distinct and new compared to previous designs, it may be able to get a utility ...


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While you may lose the right for patent protection of your designs if a patent is not granted, you may still have some protection under copyright law for the appearance of the designs. Copyright protection occurs upon the creation of an original work to the extent that the work falls within copyrightable subject matter. Publication will not affect the ...


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By publishing them your designs lose novelty and cannot be protected anymore, unless you can claim priority to the pct application. I am not sure if that is possible, especially after so much time, but you could ask a patent attorney or try to find out another way. Claiming priority is the relevant search term. For the next time, this should not happen. It ...


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