Re: patent inclusions

Subject: Re: Re: patent inclusions

Comments:
: : At the time I hire an attorney or apply for a patent, : : must I have all the possible specifications? I think I need a design : : patent. Do I need to say, "this should be leather, polyester, or hemp. : : This seam should be sewn or grommeted or stapled. This should be a : : clip, an O-ring, etc., etc.?" Must I encompass every possibility : : including how much weight or strain it must tolerate - or just state the : : design. If you could respond with this information, I will know how to : : proceed. I have an idea for something useful which I haven't seen and a : : prototype, but I'm not a scientist. Thank you. : Always speak to an attorney if you can afford it. Otherwise, file it yourself in the best shape you can. : This is no substitute for legal advice, but here are some basic principles for regular (i.e. not design) patents: : 1 - you've got to have enough detail that a person of ordinary skill (that is probably a pretty low level person) can make the invention work. But remember that the people assessing this aren't average workers in the field - they are Patent Office Examiners, Judges and Juries. So, if in doubt, put the detail in - you never know when it might come in handy. : 2 - you shouldn't keep back any details that are important to working the invention - the public (in the US) have a right to know the best mode known to the inventor. : 3 - if you want a broad patent that is hard for an infringer to walk around, put in plenty of alternatives if they occurr to you. : But as I say, this is what patent attorneys are trained to help you with - don't try to do it yourself unless you really can't afford help! : Design patents are different - they protect the way things look, not how they work. So if that really is appropriate (and you may be wrong in thinking it is - they are much more rarely used than regular patents) maybe the detail you mention is unneccessary. : David C Musker : European Patent Attorney

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