Patents – They Really Are This Complex
Could you, if asked (and you will be asked if you file a patent application,) describe the “alternative embodiments” of your invention? Not the actual invention itself, mind; most inventors can describe that down to the very least detail, exactly how they see it functioning both in manufacture and in the marketplace. In other words, they are well able to describe what is called the “preferred embodiment” of the invention. This, of course, is a necessary step and one that your patent attorney will make sure you take. But, of course, one of the reasons you have an attorney or expert in the first place is so that things like describing the alternative embodiment of your invention won’t be missed.
Think Like the Other Guy (Gal)
You’ve spent possibly years on your invention, and now you’re ready to complete the patent application. Before you and your patent lawyer turn in the final product, go through your application, description and invention and consider how other individuals may use use this patent in the future. If certain words and uses are materially different, could someone gain a patent for your invention, and just use it in a different way? Will there be issues with rights and a need to go to court to protect them because a certain phrasing or idea was not included in your initial patent?
There are no guarantees of course, but a good way to protect yourself and your invention is to describe it thoroughly and include extensive illustrations of the device. Still, please remember that patent illustrations are more than simply drawings -they must follow a certain form, up to and including the use of the correct type of paper! It’s a good idea to use a professional here, as well.
Consult your patent attorney and discuss the full scope of the patent application process. Ultimately, you must conceive of your invention in a variety of ways – think not only big, but wide and up and down and every which way, in order to capture as many aspects of your invention as possible.
Contact your Patent Attorney to learn more.
