Re: Re: Re: Re: How many patents do I need ?

Subject: Re: Re: Re: Re: Re: How many patents do I need ?

Comments:
: : it sounds like you have "several embodiments" of the same invention... as the person below indicates, the worst that would happen to you is the examiner gives you a restriction requirement to meet (or challenge , appeal etc...) : : look up best mode requirement (112, 1st paragraph I believe) and you will see what we mean... you have to disclose the "best mode" at the time you develop your invention and file an application - but most smart patent prosecution practioners try to make the patent as broad as possible and list several embodiments in the written description section (35 USC 112) : : : : You can file a single patent and include several claims, the fact the game can be played on different platforms should make no difference. If you draft the claims properly it will not matter. The worst case scenario is you file with many claims and the office gives you a restriction requirement on some of the claims. You then have time before you need to file the second application. : : : Dear Jack, : : : It not question of getting a patent, as it is to know what you can do and can't do. : : : There is also the possibility that you can do and not acheive your goals. That is why we have the Reality Check®. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 3008 Johnson Ave., New York, NY 10463 : : : 718-548-0592, aus@auslander.com : : : ELAINE's Workshop® : : : E arly L egal A dvice I s N ot E xpensive™ : : : Reality Check® : : : : : : : : : I wrote a new, exciting and addictive video game. This is played on a personal computer. It can also be played on the internet or on a network. : : : : : I have been reading about patents and am seriously considering hiring a patent attorney.I can only afford one patent right now though. Would I have to have two patents? One to patent the game, and another one to patent the fact that the game can be played on the internet or a network. I am confused becuase the game does not have to be run on a network but I want that option. : : : See above for the entry. : Dear David, : It is not a question of one or two patents. It is a question of what is the best that can be done in the most economical way. : It is possible that inexpensive copyright is the best solution. : The whole picture must be understood by you as well as I in order to deal with the situation. An open forum is not the proper place for your solution. : 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® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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