Intellectual Property Forums - an apparatus vs. an assembly

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   an apparatus vs. an assembly

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Topic: an apparatus vs. an assembly (Read 473 times)

mybrainisfull
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Posts: 3

an apparatus vs. an assembly
« on: Jul 15^th, 2007, 8:20am »

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Hi,
Im planning to file a U.S. utility application for an apparatus and method of constructing the same whereas (hypothetically):

CLAIM 1: An apparatus comprises A and B and C

CLAIM 2: A method of constructing an apparatus comprising the steps of x then y then z (which is essentially the assembling of A,B, and C).

My question is: Is there any reason to have an additional independent claim for an assembly?

For example: An assembly comprising A and B and C?

In other words, wouldn't the "assembly" claim essentially be the same as the apparatus claim in this example? Or is there some distinction between them?

Thanks.

« Last Edit: Jul 15^th, 2007, 8:29am by mybrainisfull »

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Bill Richards
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Posts: 758

Re: an apparatus vs. an assembly
« Reply #1 on: Jul 15^th, 2007, 10:15am »

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I don't see a problem with "assembly". I've written claims, in addition to methods, to apparatus, systems, and devices. As long as you don't run afoul of Sec. 101, you shouldn't have a problem. Having said that, sticking to the tried-and-true designations means one is less likely to receive a 101 challenge.

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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
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