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Design patents have an important place in any portfolio and should not be underestimated. Prior art is not just other designs but utility patents. A design patent will not be granted if there is a drawing in a utility patent that similar to the "ordinary observer." We have just gotten several design applications granted in under 6 months, but we have some over 12 months that have not been examined. Obviously not FIFO system because the one under 6 months is just another embodiment of the one that is now close to 14 months pendency.
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Apr 5, 2011