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9.5 What is a derivative design patent?

Derivative design patent means that two or more similar designs are owned by the same person, who may file a design patent application, followed by additional applications for any derivative design patents, thereby avoiding the restriction of “first-to-file principle” requirements.

The filing date of a patent application for derivative design shall not be earlier than the filing date of the original patent application for design, nor should it be later than the publication of the original design patent.

  • Publish Date : 2020-09-11
  • Update : 2020-09-14
  • Organization : International Legal Affairs Office
  • Visitors : 1296

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