Recently in the Design Listserv a Paris Convention question arose. The question was, under Article 4 of the Paris Convention, could a design application claim priority from an earlier utility application? It’s a good question and if you have any thoughts about this, I urge you to join that listserv and share your thoughts.
But what prompts this blog article is the acronym “TYFNIL”. A listserv member pointed out that even if the Office examining the design application were to find nothing wrong with such a priority claim, the owner of the design protection would never really know for sure where they stood until TYFNIL. What does that mean?TYFNIL means “ten years from now in litigation”.