design patent for 4-yr-old design

Question

We would like to market a device the design of which we developed about four years ago. At the time, we sold one device in a 'private' sale and gave two away as gifts. We have since developed the technology further, but the design is still the same. We have not published or publicly offered the product anywhere, but we also have not kept the design secret, so some people outside of the company have seen it. Is it still possible to apply for a design patent?

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Answers: 3 public & 0 private

13ac82468e
Patent Attorney

Hi, I have a little bit more opportunist approach. The lack of novelty is a thesis which shall be justified by one who claim. For ex: these conversations are good evidences for proving the lack of novelty if the third parties know this page, you and the design which we have been talking about. I advice you to ask yourself that ( probably for your next designs); is it provable by third parties that your design is not new?

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