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Re: Re: PPA's


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Posted by David Moore on August 02, 2000 at 15:16:55:

In Reply to: Re: PPA's posted by M. Arthur Auslander on August 02, 2000 at 04:47:21:

: : When filing a provisional application for patent validity purposes I realise it must be written to fully support the scope of the claims to give the protection desired, but what are the problems that may occur? Is there a fine line between the disclosed subject matter in the PPA and that of the RPA? Also who decides on the validity of the subject matter?
: : I have recently been informed that the changes can be made to the subject matter of the PPA within the year and in which you don't lose the earlier filing date. I feel this is a grey area. I challenge anyone to be give a solid conclusive answer substantiated by fact, or atleast put me in the right direction.

: Dear David,

: The provisional application must fully support the claims of the NPA.

: Changes can be made but there may be risks if they were not in the original provisional.

: I am professionally sceptical about what a do-it-yourselfer can acheive in getting a GOOD patent.

: I've only met one or two non lawyer inventors who really know what they were doing. Even Jerry Lemelson the most patented person to date, who got $200M for his patents could not write a good application.

: I was astounded when he turned a case he had written over to me to find out that as a genius he was but couldn't write a decent patent application.

Thank you for your reply. Have you noticed any differences in the writting style of patents between Europeans and US patent agents and lawyers? I honestly fee that there is no grey area in drafting patents you either do it convisingly well or fail flat on your face. However, with regard to the latter, there always seems to be patents out there that have got through the system - non of use are perfect!

: M. Arthur Auslander
: Auslander & Thomas-Intellectual Property Law Since 1909
: 505 Eighth Avenue, New York, NY 10018
: 212-594-6900, fax 212-244-0028, aus@auslander.com
: ELAINE's Workshop (sm)
: E arly L egal A dvice I s N ot E xpensive




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