Design patent

[amethystman]

Ohio- I have a device I nvented, and I'm trying to get patented. I did a bibliography search at the USPTO website, and found a device simular to mine with a few exceptions. The person who wrote this patent application stated that there could be some other modifications to the device, but didn't specify what they were. Could I still file a design patent on my device without infringement?

 

[divgradcurl]

Could I still file a design patent on my device without infringement?

You can always file an application -- whether or not a patent will be granted depends on whether or not your device is truely novel or not.