kiran rai

Pune, India

#1 Sep 4, 2006
what are the practical aspect one should keep in mind while drafting a patent application?
kiran rai

Pune, India

#2 Sep 4, 2006
One cannot get the protection for what is not described properly


#3 Oct 20, 2006
Hi, im new in this forum.

We have developed a new device. Basically this device has many possible variations and combinations with novel or existing-art features, most of which we have already explored and tested. Aside from the devise itself, we would like to protect some uses, variations and combinations we have discovered.

We are leery of disclosing our invention to a patent lawyer in my country. As I understant the patent laws here in the Philippines are similar to the USA, but enforcement here is something else. We are afraid that if I disclose it to other parties it might get copied and somebody else gets the rights to the invention.
So we decided to write the patent ourselves.

Basically my question is this:
Can we write the description is an independent-dependent format like in the claim, such as follows (abbrviated as outline):

Embodiment 1: Decribing device A
Embodiment 2: "Per Emb 1", but (detailed description) containing B
Embodiment 3: "Per Emb 2", but (detailed description) using C
Embodiment 4: "Per Emb 3", but (detailed description) modified to be D
Embodiment 5: "Per Emb 4", but (detailed description) used in the way of E
And so on.

Basically it might contain several threads as above.

We would greatly appreciate receiving opinions on the above. At present we are stumped on this part.

Thanks in advance.



#4 Dec 26, 2006
the purpose of filling the patent should be keeped in mind

Shanghai, China

#5 Jan 8, 2007
Information disclosed to a patent lawyer is confidential and the patent lawyer is not permitted to reveal the information to public according to the law. So it should be fairly safe to disclose all materials to the patent lawyer. Otherwise, it is not possible to draft a good patent which can effectively protect your invention. As for the patent protection enforcement, it is another thing after the patent is entitiled. That is, even if the patent is issued to you, it is not guarenteed that another company would be punished if violating your right. it is recommended to file the patent by a patent lawyer. One reason is the patent quality is better and the other reason is procecution after filling is a long process , typically go through two rounds of office actions. The procecution process may last 2 years or longer.
If you persist do it yourself, the general principle is as below:
Independent claim 1, listing all indispensible elements of device A (pay attention to the words to avoid unecessary limits)
dependent claims...:adding new elements to the independent claim (so dependent claims have narrower scopes) As for the dependent relationship, it is another complicated thing. The dependent relationship in your post is possibly wrong.

“The Shadows in Heaven”

Since: Oct 07

San Francisco

#6 Nov 5, 2007
What's in this rumor that the US government is trying to make patents harder to get? Outside of prior art, what is the government suggesting as a determining factor for restriction?

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Patent / Trademark Law Discussions

Title Updated Last By Comments
News Morgantown spa sues Wisconsin company over name (Dec '08) Jun 8 Happy endings 3 18
News Bedford Camp Invention Program Funded by Duke E... Apr '18 Bedord 1
Does anyone know a reputable company that can s... (Sep '08) Apr '18 Jjones 12
hot dogs in hot water! Mar '18 doghaus brewery 1
News Lady Gaga's wine application 'suspended' Jan '18 The Monster Brand 1
How do I know if a patent is expired when there... Jan '18 Mlim89 1
Alice Must Go (Sep '17) Sep '17 EatonVanWinkle 1