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how do you know if patent is design or utility, as no marking is mentioned on the patent?

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  • Which country? It is marked on the patent, but differs by countries. Commented Mar 30, 2018 at 9:34
  • Can you provide the patent number? For US patents, it should be abundantly clear from the patent document. Commented Mar 30, 2018 at 14:26
  • USA, this is the patent number US20150090676A1 Commented Apr 4, 2018 at 5:03
  • the patent does not mention either design or utility Commented Apr 4, 2018 at 5:04

1 Answer 1

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There are a few ways.

For one, US design patents have a USD number, for example USD543181:

https://patents.google.com/patent/USD543181S1/en?oq=USD543181

In google it also says "US Design Grant".

The USPTO page is a little harder, though

CLAIM The ornamental design for a folder-type cellular phone with digital camera, as shown and described.

in combination with only figures and no description is a good hint.

Or if you look at the pdf, it says "United States Design Patent".

While your example does not say so and that's how you know it's a "normal" patent.

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