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Common Mistakes in Patenting: Focusing on Current Product Design

Common Mistakes in Patenting: Focusing on Current Product Design

 Many clients come to me with a drawing of their invention. Part of my job is asking them how they could change that drawing and still have the invention work.

The purpose of filing a patent application is not to define your product, it is to define all products that you want to exclude from the marketplace where your product is being sold.

The life of a patent is 20 years. If you can envision features that you would want to add in five, ten or even fifteen years, you should be describing them in the application you are preparing now. The same goes for alternative approaches that you are not certain are feasible.

 When a client comes back after three years and says they want to file a new application to cover additional product development and I can show them where the new development is described in the existing application it means we did a good job on that first application.


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