When writing a thorough patent description, how much is too much?

[Anna604]

When writing a thorough patent description that includes versions that might be concidered knock offs by my competition, where do I draw the line? How far do I go?

[Brad]

Hi Anna,

I am not sure if I follow your question.  Are you saying your product might be considered a knock-off, or, you are worried your competition may try to make knock-offs.

The rule is that you have to describe the best way that you know of to make and use your invention.  So if you are making a chair that can have 3, 4, 5, or 6 legs and you know that the chair with 4 legs will be best, you should describe how to make that 4 legged chair and even show pictures of it.  You can include examples or "embodiments" of a chair with 3, 5, and 6 legs as well.

As long as you describe each key feature of your invention, what material you can make it from, etc.  That should usually be enough for a provisional patent application.

Thanks
Brad

[Anna604]

Thank you for the prompt response! 
Lets say for example that I invented a water resistant pocket that could be applied to a number of existing garment designs (tshirts, tanks, pants etc). If my goal is to begin manufacturing 2 or 3 garments with the pocket attached. Would my first ppa include all the possible shapes and sizes as well as all the possible garments it can be applied to (this list is extensive)?  Then would my next step be to file additional ppa's per garment that I plan to have manufactured?

The compartment, the application and purpose are original but the competition is big. I want to be thorough in my description but like your example with the chair, do I go on to say it can have 7, 8 or 9 legs... I don't want to take it too far.
Thank you for your time!

[Brad]

Hi,

In your example, you would not have to file a different patent on each pocket just because the shape or type of shirt is different.  Ideally you would like to find things that are in common to ALL the pockets that also makes it unique.  For example, if the material you are using is what makes it unique than that would be the focus of your PPA and then you can list some examples of where the pocket can be used such as on t-shirts, hoodies, etc.

If you are really stuck you can include EVERYTHING into one PPA.  This will save you money since you only have to file one PPA and pay one fee.  Later, you can always split that PPA out into separate applications. 

[Anna604]

That makes perfect sense, thank you!!

If I reference products that DON'T work in the first paragraph of my description, do I need to reference those products patent #'s in my PPA?

[Brad]

No.  There is no requirement to list other products or patent #'s within the actual patent document.  Many attorneys do not do this step because it takes more time.   Many of the "old school" patent attorneys like to include them though. 

[Anna604]

If I make a claim on my PPA from the angle that my invention "composition of matter" how does that change my description.  Since I understood that the description or "Background" was to list why existing products don't work.  My invention could be used in many different fields... 

If my invention is to hold a cell phone and I describe it as such, could someone else use the same design to hold a medical device?

In my Title and Background do I just call it a compartment that can hold many items or do I need to list every possible use?

[Brad]

If I make a claim on my PPA from the angle that my invention "composition of matter" how does that change my description.  Since I understood that the description or "Background" was to list why existing products don't work.  My invention could be used in many different fields... 

If my invention is to hold a cell phone and I describe it as such, could someone else use the same design to hold a medical device?

In my Title and Background do I just call it a compartment that can hold many items or do I need to list every possible use?

Hi,

First I would not write any claims for your PPA if you are not sure what you are doing.  Claims are not required for a provisional and I am not sure if you want to spend much time worrying about them at this point.

If you do end up getting patent coverage on your "composition of matter" you can stop other people from making or importing that item, even if they say they are doing it for another purpose.

You do not have to list every possible use, you only have to list the best uses that you know of.

Thanks
Brad