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Can design applications claim the benefit of a provisional application?

10/28/2016

 
No. And this is why you have to be extremely careful so as to ensure that your non-provisional utility application, which can claim the benefit of a provisional application, does not wind up becoming prior art against your design application. This can happen, for example, when you inadvertently disclose all or part of the design you wish to protect in one of the figures of the utility's provisional application.  

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