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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.