Patent and Invention Help Forum

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Patent Questions and Advice / Re: my invention has many ideas to work. one patent or many?
« Last post by Brad on February 21, 2020, 05:09:27 PM »
You could do either.   The least expensive option would be to pack them all into a single patent application and then split them out later as needed.

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Patent Questions and Advice / my invention has many ideas to work. one patent or many?
« Last post by joe on February 21, 2020, 01:38:17 PM »
My invention is a new type of gun that is more powerful than others and has a dozen or so improvements combined to make it so. do i patent it as a whole design or multiple patents of a new type of gun?
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PatentFile Website Questions and Reviews / Re: Can one patent an idea for a necessity?
« Last post by Brad on February 20, 2020, 09:20:16 AM »
Patents should be on a specific machine, tool, product, or method.   It is very difficult to get a general or broad patent on protecting a concept that may have endless variations.   In fact, when you claim your invention in the patent application it will get rejected if the examiner thinks it is indefinite and too loose.

Now, if there is some feature that all the variations have in common then one strategy may be to try and protect that feature so that all future versions would fall under your first patent. 


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PatentFile Website Questions and Reviews / Can one patent an idea for a necessity?
« Last post by Cougarspeed on February 19, 2020, 09:00:55 PM »
One cannot patent an idea I understand, but if there is an idea for something that has endless design possibilities can the first design idea become the patent. In other words my idea is a solution to a problem. I could create the solution in endless design formats but would my first design become the sole patent?
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Patent Questions and Advice / Re: New Invention
« Last post by Brad on February 15, 2020, 01:57:55 PM »
Sorry for the delayed reply.   Just getting my forum software back online.

$599 for a patent search is a good price but you have to be careful who is doing the searching and what you will get out of it.  I would make sure whoever is helping you is registered with the US Patent Office.  You can look them up here:
https://oedci.uspto.gov/OEDCI/practitionerSearchEntry


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Patent Questions and Advice / New Invention
« Last post by Shay71 on January 21, 2020, 09:14:36 PM »
I have an Invention that I came up with and I sent an email of my Invention and photos to For Sale by Inventor. They sent me a contact and they want me to give them $599.00 to do a patent search. Should I allow them to do this for me?  I did check the USPTO and I did not see anything similar to what I have.  What do I do? Please can someone help me
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Patent Questions and Advice / Re: Improvements to an old patent I have
« Last post by Brad on January 11, 2020, 08:34:31 AM »
Sorry I do not have time right now to asnwer all of your questions but in general I would file the entire original patent again but add in your new elements and make sure your claims section of your new patent includes claims that focus on the new element.

Now, the problem is that making minor changes like removing or adding threading to a piece is usually considered routine and "obvious" in which case your old patent would become prior art and be used to reject your new patent.

These minor improvement patents are very difficult (but not impossible) to get approved.   They are usually very expensive as there are many rounds of back and forth with the patent examiner.

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Patent Questions and Advice / Improvements to an old patent I have
« Last post by j0rge on January 06, 2020, 07:41:58 AM »
Hello!
I am new in this forum!! Firstly, best whises for all of you and all the best for this new year.

I have some questions, I would appreciatte if you can help me.

I few years ago (4-5) I filled a patent application. It was granted in Spain, and I also made the US Patent, which I abandoned a few time later.

Now I have an improvement of that technology, I would change just a part of the element.
The invention was about a kind of hand tool with replacements or interchangeable elements, the invention has diferents parts (A + B + C + D). Where parts A+B+C are the hand toll and part D is the replacement.
So now, the improvement of the invention is to change D, I change it for 2 new parts E+F.
So old part D is substituted for new parts (E+F). Where E is quite similar to D changing some geometry. More exactly old part D has a thread and new part E do not has that thread (I eliminate the thread in the new improvement). And part F attached to part E.

Also this part E or the old part D. Can be a replacement for the whole invention.
So the main elements are A+B+C and the replacement or interchangeable elements are D (old and existing patent) and E+F (new patent with the improvements)

I have some doubts:
1) Would it be better if I fill a new patent for the whole system with the new improvement, (this would be similiar to the existing patent (granted and active in Spain), but we will add the new improvement)?
2) Would it be better to fill a new patent just for the replacement part?
3) Would it be better to fill both? Point 1) New patent for the whole system with the new improvement Option1 + Point 2 a new patent for the replacement part? I mean both patents, one for the system and other for the replacement.
4) Would it be better to make an addition to the existing and old patent I made a few years ago? I mean to make a patent of addition.

If the best strategy would be 1)
       - in background of invention, should I mention the old patent I made?
       - would my own patent (prior art) affect to the new patent I want to fill? I mean, Would it cause a problem?
       - what would happen if in the future (12 months after) I want to extend it to US or another country? The old patent I made is active and alive in Spain but not in other countries. Could I protect the new invention (new improvements) to other countries? If yes, I guess it only would protect the new improvement, old patent in the rest of the world would be consider as a public domain. But in this case, I guess it would protect the entire tool (tool+ replacement).

If the best strategy would be 2)
        - in background of invetion, should I mention the old patent I made?
        - I guess it limit the scope to just the replacement. I mean it would protect the replacements of interchangeable elements, but anyone could make the tool with this new replacement?

If the best strategy would be 4)
       - how could it affect to the existing patent? I mean it works as it was patented so firstly I could have to versions a) old system b) the same tool with the new improvements. Could I have both options if I make a patent of addition?
       - what about extending it to another countries? actually is public domain or abandoned. I suppose I can not revive that old patent. So if a make an addition could I protect to those countries?

If you have any questions, or something is not clear enough, please let me know it.

I hope you can help me with those doubts.

Thanks and Regards.
Jorge
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Patent Questions and Advice / Re: SB-16 Upload Problem
« Last post by Brad on December 27, 2019, 04:25:42 PM »
Good to hear.   

If anyone runs into issues you can always call the USPTO.  They have a free help desk for issues like this.

Toll-Free Number:
800-786-9199
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Patent Questions and Advice / Re: SB-16 Upload Problem
« Last post by George Drivakos on December 27, 2019, 11:52:35 AM »
Thank you for the advice.

today is December 27, 2019 and I encountered the same problem.

After more than 30 agonizing minutes of trying to remedy this, I was lucky to find your response and continue with my application to the end.

Five years with the same glitch not fixed is too much

Thank you
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