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Author Topic: 2 patents for same concept.  (Read 669 times)

Cocolroo

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2 patents for same concept.
« on: 01-18-10 at 06:57 am »

My question is regarding the need for 2 patents or not .
If something is manufactured with or added on to but involves the same concept.
For example let say I invented a aftermarket stick on bumper cusion that protects
it from damage on rear end collisions but then it is later I see it manufactured within the bumper
am I covered under one patent if  I included say manufactured alternative or variation to the same idea or
are they 2 separate patents.(providing there has never been a patent issued for any sort of bumper cusion)
Thanks
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JimIvey

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Re: 2 patents for same concept.
« Reply #1 on: 01-18-10 at 02:08 pm »

Grouping of innovations into individual patent applications is somewhat arbitrary.  It really doesn't matter all that much, except that different strategies can be promoted by different approaches.  It's largely dependent upon what the client/applicant hopes to achieve.

In short, you can put them both in one application or put them in separate applications.  If they're in one and the examiner thinks they ought to be in 2 separate applications, you can split out one of the innovations.  If they're in 2 and the examiner thinks they ought to be in one application, you can link them by agreeing that they expire at the same time.  You might even find that an examiner will require to do both, split them out and then link them together.  So, you make your best guess and then you don't worry too much about it.

Regards.
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James D. Ivey
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