Q: If someone has a patent on an idea how long do I need to wait to get a design patent on the same idea?
The person holding the patent has never brought the product to market. My design is different but the idea is the same.
A: You can't. You can't patent something that you did not invent. And you can't patent something that is already available to the public.
Now, if you have an invention that is sufficiently different from, or an improvement over, an existing product, then you should be able to patent it. And you can file for it right away.
1 user found this answer helpful
A: You need to understand the different types of patents available.
You mentioned design patent. If the other patent is design, you may be able to obtain a patent if your design is different enough.
If the other is a utility patent you may be able to file for a design patent.
Consult an attorney for a consultation so that you understand the options and requirements.
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