Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Raconteuress]

I co-invented a product which has two components, but there is also an optional third component which although purely decorative, is critically important to my product commercially.  I have found prior art in a 41 year old product also with two components (but for a slightly different use), however, prior art is prior art and I must change my design to increase my chances that I will be approved. I have several solutions but seek advice on the best way to handle the variations.

First, a simplified overview of the prior art:
Component one is a strap.
Component two is a straight band but circular (imagine a wide rubber band).

Each version of my product consists of a longer, more elaborate strap (component one) plus a band (component two). 

To make mine different, my first variation will show an enlarged area of the band (visualize a wristwatch).
The second variation shows the band straight (like prior art), but with a small HOLE in it (visualize a belt).
The third variation shows the straight band (think belt), the hole PLUS an accessory (component three) (think of a lapel pin) stuck through the hole.

Footnote: The third component, the accessory itself is a patented product but was created for a totally different use.  I am considering buying them wholesale from the accessory's patent holder or even forming a joint partnership, or perhaps licensing. 

My original question was whether to file one, two or three design patents.  I must eliminate the risk of the USPTO seeing the three as so similar that all three are not considered. My goal would be to get a restriction requirement and then split them into multiple applications.  Would they ever only allow one and not the others?  I want and need all three!

A new question is whether it would be advisable to also file a variation without the entire accessory, or change the accessory to be uniquely my own. 

Because I'm also filing a PCT, this is getting expensive, so I want to be feel confident in my decisions. Also, like so many crazy entrepreneur's I'm on a tight deadline.  Any comments appreciated!