• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

My invention should create multiple products.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

alcatraz bird

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

I accidentally discovered a new use for a known 'optical process'. While I was building the prototype, I realized there was at least 4 different new market applications for using this 'optical process'. I have built the 4 different prototypes for the 4 different applications, which should result in 4 new products on the market. Do I have to file a different application for each apparatus, or can I claim "the use of this 'optical process' in this new field"? Or can I claim "the use of incorporating the ideas of my invention into any current and future products that are created using my version of this 'optical process'"?
 


FlyingRon

Senior Member
If the process isn't your invention, you'll have to file for each way you are going to use it and hope that there's enough other novelty there to be patentable. Just because nobody else has used a hammer to make coffee before, doesn't mean you can go out and patent the hammer as coffee grinder.
 

alcatraz bird

Junior Member
Ron, Thanks for the quick response. Even if my prototypes accomplish the same exact thing, do I still have file 4 patents?
Thanks, Steve in Indiana,
 

alcatraz bird

Junior Member
Ron, Thanks for the quick response. Even if my prototypes accomplish the same exact thing, do I still have file 4 different patents?
Thanks, Steve in Indiana,
 

divgradcurl

Senior Member
If you have one invention -- even if the invention has multiple versions -- you file one application. You could list the four different versions as different embodiments of the invention.

Even if you might think there are really four separate inventions, here is no downside to filing a single applications that includes all four versions (embodiments), so long as you write the application broadly enough to cover all four embodiments, and write claims that go to all four embodiments. If the patent office determines that you really have four different inventions, instead of four embodiments of a single invention, then the patent office will issue what is know as a "restriction requirement," and will require you to select which of the 4 inventions you want the application to cover. As I said, there is no downside, if you do get a restriction requirement, you can elect one of the four inventions, then file three (or however many you need) divisional applications to cover the remaining inventions, they will all be entitled to the same priority date.

So file one application now, and let the USPTO guide you as to whether you need to split the application up into multiple applications.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top