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If you are thinking of patenting software, it is critical to have your utility nonprovisional patentapplication drafted with Section 101 in mind. By anticipating the potential rejections, more can written in your specification and illustrated in your drawings before you file your software patentapplication.
Just because a product has functional features does not mean it is automatically ineligible for designpatent registration. The key is understanding what a designpatent protects. While functional features may exist, you can still file a designpatentapplication to focus on the ornamental features.
Graphicdesigns on the front or back of a shirt, for example, will often be considered ornamental matter that would not qualify as trademark use. To protect the appearance of an article of clothing with such unique features, consider filing designpatents. Patent agents cannot file trademark applications.
US patent law allows an applicant to file a “child” patentapplication while the “parent” application is still pending. This means that while a pending application (parent) has not yet been granted or abandoned, a continuing application (child) may be filed.
If after further consideration you think a utility patent would be more appropriate, here’s a helpful post on filing a utility nonprovisional patentapplication. 2D or 3D design, or both? Are you trying to register a GUI or two-dimensional graphicdesign as displayed on a product?
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