Question is related to drawings for provisional patent
Palo Alto, CA
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Posted 6 months ago in Patent Application
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I would like to file the provisional patent for my product idea and design. Different designs are possible to get the same result.
- Initially I will proceed with only one of the possible designs. - Later on, I might introduce other designs in the market as well. Quesiton1: Can I submit all possible designs -good hand sketched drawings with description in the provisional patent file. Question2: Is there any limit on the submission of possible designs for one product. Will submitting all the designs give me better protection? - Is this your question? Add additional information Answers (3)Kurt Van Thomme
This attorney is licensed in Iowa.
Posted 6 months ago.
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The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
The short answer to question 1 is you should put all your possible designs in the provisional application. You will only be able to rely on the provisional application's filing date for your nonprovisional application to the extent you have sufficient description in the provisional application to support the claims in your nonprovisional application. So, the more information you have in your provisional application, the more likely you will be able to claim the provisional priority date in your nonprovisional application. As to question 2, there is no limit on what you can submit to the patent office, other than there is a surcharge for very long applications (greater than 100 pages). The amount of different alternatives you include in your application gives you the possibility for broader protection, but it does not guarantee it. A broad disclosure allows you to potentially claim more and/or different design choices of your invention, but ultimately your protection will be determined by what you can claim that is novel and nonobvious over the prior art during examination of your patent application. In the vast majority of applications the claims are modified at least somewhat during examination, so I wouldn't necessarily expect you to get the same claims as you include with your original filing. On a related note, you have no patent protection until your patent actually issues. When you file your provisional application you can label products covered by the application as "patent pending," but this does not give you any right to stop others from using your invention. Only when you file a nonprovisional application (within 1 year of your provisional filing to claim priority to the provisional's filing date) and that nonprovisional application actually issues as a patent do you have any patent rights to assert against others. Daniel Nathan Ballard
This attorney is licensed in California.
Posted 6 months ago.
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It is almost never a good idea for a non-patent attorney to file a patent application -- not a provisional one and most certainly not a non-provisional. IF you're going to file anyway then I suggest you buy the book "Patent It Yourself" and read up on provisional applications.
Adam L.K. Philipp
This attorney is licensed in California and 2 other states.
Posted 6 months ago.
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While Kurt's Response was very helpful, one additional point may be useful. To the extent that additional designs would be deemed separate inventions by the U.S. Patent and Trademark Office, it may be worthwhile to keep each invention in a separate provisional patent application. That way, when you are later communicating with the USPTO about your non-provisional, the arguments in one lineage are less likely to influence the prosecution of the patent application(s) in the other lineage(s).
Still, if cost is you primary concern, it is still accepted to include multiple possible inventions within a single provisional application and then later file multiple non-provisional applications off of the provisional application. Good luck with you project!
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