Patent and Invention Help Forum

Include minor embodiments?


Include minor embodiments?
« on: December 22, 2013, 01:23:31 PM »
Hi Brad,

Thank you for the reminder/ explanation/ email regarding the patent-friendly legal phrase "some embodiments of the present invention..."

It brings up a question for my invention and PPA strategy.

Mine is an apparatus that can be simplified for cheap and lightweight use. A lightweight version could be very limited. However, I would hate to allow an unscrupulous competitor from producing a knock-off of my main product when I first reveal it, essentially creating the lightweight version, then beat me to mass market by out-advertising and out-selling me due to already having resources in place. AND easily pay his way out of legal trouble by using his profits.

So is it good strategy to include one or more different embodiments of the present invention in the PPA?

If you say I should just file a second PPA for the minor embodiment, then where to stop? I could file 20 or 30 different PPA's for the 20 or 30 different embodiments. Or more! This minor embodiment I could easily do so with just one extra paragraph and an extra diagram. It'll be a secondary model that I'll produce to follow the first one. Is there a rule of thumb on how much extra detail or how many "alternate embodiments" to include?


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Re: Include minor embodiments?
« Reply #1 on: December 22, 2013, 05:22:41 PM »
Yes.  It is always a good idea to include your preferred embodiments and several alternative or secondary embodiments.   Try to think about how your competition may copy you and include those as new embodiments as you are suggestions.  This is what many good patent attorneys try to do when they are writing the patent application.


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