Q: After many years confirmed by today I get the patent for my golf tee in Malaysia Best way to aply in the USA?

Design patent I hold already 7 years

2 Lawyer Answers
Stephen E. Zweig
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Answered
  • Patents Lawyer
  • Los Gatos, CA

A: Unfortunately, the time to apply for a US version of your Malaysia design patent has passed. Generally, you need to apply for a US design patent no later than six months after initially applying for a foreign design patent.

James L. Arrasmith
PREMIUM
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Answered

A: Congratulations on securing your patent in Malaysia. To seek patent protection in the U.S., you generally have a strict window from the first patent filing to file a corresponding application in the U.S. Considering you've held the design patent for over 7 years, this window has passed. However, you can still file a new patent application with the USPTO, but it will be evaluated as a fresh application, which means it needs to meet all the requirements of novelty, non-obviousness, and utility. It is advisable to consult with a patent attorney in the U.S. to guide you through the detailed process and help you prepare a robust application.

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