Can I Protect My Invention with Both a Utility Patent and a Design Patent?
Possibly. A utility patent can protect the structural or functional parts of your invention while a design patent can protect the look of the invention. The patents need to be filed separately and are separate matters before the Patent Office. Both patents will also be analyzed separately by a judge or jury if you sue an infringer. But using both a utility patent and a design patent can give you a wider range of rights than either patent could on its own.
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