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I have an Invention ... Now What?
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   to file a single or multiple patents
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   Author  Topic: to file a single or multiple patents  (Read 2120 times)
Sharan Basappa
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to file a single or multiple patents
« on: Dec 27th, 2007, 9:21am »
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I am working on an invention and for a single problem there are two solutions. Both have some advantage over each other ? The question is whether to file a single patent claiming both the methods or file a single patent ?
 
Regards
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CriterionD
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Re: to file a single or multiple patents
« Reply #1 on: Dec 27th, 2007, 5:24pm »
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You could file one patent or multiple patents in all likelihood. If you plan on using a trusted attorney or agent to write your patent - just let them know what you want protected and they could inform you specifically as to the exact financial (and/or legal) implications of both options.  
 
But also consider other factors as they relate to your specific situation.  For example, perhaps it sounds better to an investor if you can boast that multiple patents have been filed.
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Garth
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Re: to file a single or multiple patents
« Reply #2 on: Dec 31st, 2007, 5:01pm »
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on Dec 27th, 2007, 9:21am, Sharan Basappa wrote:
I am working on an invention and for a single problem there are two solutions. Both have some advantage over each other ? The question is whether to file a single patent claiming both the methods or file a single patent ?
 
Regards

 
Sharan Basappa,
 
I presume you have searched to assess whether your solutions are novel over what is already known; novelty being an essential requirement for requiring a grant of patent.  If so, if you can link both methods to a common novel aspect then you should be able to protect both methods in a single patent, if they are separate novel aspects then you may eventually have to proceed with two patent applications.
 
What some people do is file a single patent application covering both methods and if the patent office objects that there's plurality of invention you have the option of dividing out the second invention into a second patent application.
 
« Last Edit: Dec 31st, 2007, 5:05pm by Garth » IP Logged

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patentsusa
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Re: to file a single or multiple patents
« Reply #3 on: Jan 4th, 2008, 11:21pm »
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I'd describe both in a single patent application for a few reasons.
 
There is a requirement to disclose best mode.  By describing both in the same application, you avoid any risk of being accused of not disclosing the best mode in one application if you file two separate applications.
 
Also, if an examiner restricts out your claims, he or she cannot require a terminal disclaimer.  This is a minor point since term runs from the filing date of the first case.
 
If the proposed rule changes limiting continuations and RCEs (http://www.uspto.gov/web/offices/com/sol/notices/71fr48.pdf)
get pushed through via legislative action, divisional applications will be one way to get some continuations.
 
Sometimes it takes several rounds before an examiner even understands an invention because they have so little time to perform their examination.
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Deepak Malhotra, JD, BSEE
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Malhotra Law Firm
www.patentsusa.com
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