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Topic: "omnibus" patent (Read 776 times) |
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wchild
Newbie
Posts: 33
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"omnibus" patent
« on: Jan 18th, 2007, 2:32am » |
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Let's say I have devised three inventions--A, B, and C--and I lump them together into one big system and then apply for a patent--call it [ABC]. Then, if the PTO doesn't demand me to create divisionals, am I protected against infringement against A on its own, or B on its own, used in some context that is not [ABC]?
I am thinking in terms of patent coverage / licensing strategy. Obviously, filing [ABC] initially saves on fees, but am I exposed at the individual (A, B, and C) level?
Alternatively, can you file three patent applications [A], [B], and [C] and then later file a patent [ABC] as a "system" combination invention? Thanks.
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Bill Richards
Full Member
 
Posts: 758
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Re: "omnibus" patent
« Reply #1 on: Jan 18th, 2007, 5:29am » |
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One patent mantra to keep in mind is this: "It all depends upon the claims." If there are claims to A and B separately, then they're protectable separately. But, filing one large application may not save in fees if you wind up with DIVs anyway. This is especially true if you've paid excess claims fees for the first application. You do, of course, save in maintenance fees.
As to your second question, as long as the A, B, and C apps are pending, you could file on the combination. In order to succeed, however, the apps must support claims to the combination. Further, not all three need be pending if at least one supports the claims to the combination.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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