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Author Topic: Best place to put improvements  (Read 1519 times)

fb

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Best place to put improvements
« on: 10-03-11 at 07:43 am »

If an NPA is being drafted now for a core invention plus a few embodiments, and if many many more improved embodiments have since been created, should the new embodiments be placed in the NPA last-minute? Or should they be filed separately?

The goal is to anticipate and bar other inventors from doing their own improvements, which they will do instantly once they see the core invention.
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JimIvey

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Re: Best place to put improvements
« Reply #1 on: 10-03-11 at 10:27 am »

Well, to the extent the improvements are preferred implementations of the base idea, you HAVE to include them as best mode.  Though, there is some question as to whether best mode is still required under the AIA.  Until I've studied the issue further, I'm not changing my recommendations re best mode.

Best mode issues aside, I'm not sure it matters all the much. 

Regards.
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James D. Ivey
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Re: Best place to put improvements
« Reply #2 on: 10-04-11 at 11:04 am »

Not preferred, just alternative.

This being the case, if 10 other embodiments now exist on paper, putting them into the current app will expand the spec. But, putting only some of those 10 into the current app, and some of them into a new separate app, allows some of them to be kept secret for many years if they are non-published and non-foreign. Then, when time/money/need allow, the separate new app can be CIP'd/published/CON'd.
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