'2nd best embodiment'

[alcatraz bird]

What is the name of your state (only U.S. law)? Indiana

I filed for a patent with 6 restrictions, because of the 6 products this invention will create. I'm filing the '1st best embodiment' patent first.

The 2nd embodiment works by the same principle, but is used in a completely different application.

Can I manufacture, be protected, and sell the '2nd best embodiment' of this invention to generate funds, while the '1st best' application is being processed? A reference to it is included in the '1st best' application?

Thanks to whomever responds.

 

[divgradcurl]

What is the name of your state (only U.S. law)? Indiana

I filed for a patent with 6 restrictions, because of the 6 products this invention will create. I'm filing the '1st best embodiment' patent first.

The 2nd embodiment works by the same principle, but is used in a completely different application.

Can I manufacture, be protected, and sell the '2nd best embodiment' of this invention to generate funds, while the '1st best' application is being processed? A reference to it is included in the '1st best' application?

Thanks to whomever responds.

If the 2nd embodiment is disclosed in the first application, then yes, you are covered. If the claims of the first application do not cover the second application, though, you will want to make sure you file a continuation to get those claims in before the first application issues.

 

[alcatraz bird]

Continuations

Thanks for the reply. The only connecting claim, is the process by which it works and the measurements/dimensions for it to work. The applications that we've discovered for its beneficial uses have already grown to 4 existing products with two more in the wings.....So do we keep filing continuations as this progresses or before the first application is filed? This is very complicated, I wish we could afford an attorney.

 

[divgradcurl]

So, have you filed an application, or not? Your first post made it sound like you had already filed an application, now it sounds like you haven't.

IF you haven't filed anything -- the best way to go is to draft a broad enough disclosure (the written description) to cover every embodiment of the invention you can think of, and write claims that similarly cover every embodiment you can think of, and file that. If it turns out your separate "embodiments" are really separate inventions, the PTO will require you to select which invention you want to go forward with, and then you can file divisional applications to cover the remaining inventions.

Later, after you have filed your initial application, you think of yet more embodiments that aren't covered by the claims already on file, you can then file a continuation and add new claims, or a continuation-in-part to add new claims (you file a CIP if the original specification isn't broad enough to cover the additional claims).

That's all if you haven't filed anything yet. If you have, then you should clarify what it is you have done to this point in order to receive accurate advice.

 

[alcatraz bird]

Yes it has been filed

Sorry for the confusion. Yes, we have filed. And thanks for the important information.