The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Sep 24th, 2018, 11:31pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Drafting/Interpretation
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Can a PPA be as complete as an RPA?
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Can a PPA be as complete as an RPA?  (Read 2591 times)
JasonR
Newbie
*




   


Posts: 35
Can a PPA be as complete as an RPA?
« on: Oct 7th, 2007, 2:36pm »
Quote Quote Modify Modify

With the exception of claims, can a preliminary patent application be as complete as a regular patent application?  Are there any other sections/aspects besides the claims that should not be included?
IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: Can a PPA be as complete as an RPA?
« Reply #1 on: Oct 7th, 2007, 3:59pm »
Quote Quote Modify Modify

Yes, and many practitioners, myself included, will write a PPA as an NPA.  There does, however, seem to be some disagreement about including claims in the PPA.  The concern is that changes to the claims when the NPA is filed may be construed as invoking Festo.  I think that's a stretch, but it's not been tested in the courts as far as I know.
IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
pentazole
Full Member
***




   


Posts: 197
Re: Can a PPA be as complete as an RPA?
« Reply #2 on: Oct 7th, 2007, 4:44pm »
Quote Quote Modify Modify

Hmm... interesting about not including claims in PPA's.  Since I started working in this field (not too long ago), I have written PPA's as if they were NPA's, including claims and everything.  I'm going to have to rethink it now.
IP Logged
biopico
Full Member
***




   


Posts: 434
Re: Can a PPA be as complete as an RPA?
« Reply #3 on: Oct 7th, 2007, 7:04pm »
Quote Quote Modify Modify

People that I am in association with include claims in PPAs.
IP Logged

Registered Patent Agent Specializing in All Areas of Biotechnology
TataBoxInhibitor
Full Member
***




   


Posts: 456
Re: Can a PPA be as complete as an RPA?
« Reply #4 on: Oct 7th, 2007, 7:10pm »
Quote Quote Modify Modify

For foreign filing reasons it is a good idea to include a broad claim or set of claims.  
 
Regards,
 
IP Logged
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board