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October 15th, 2019 at 7:31:54 PM permalink
In attempting to abstract my ideas, I have come up with a couple of different variations of what I am inventing, and was wondering if I file a provisional patent, should I include those variations, or focus on the first variation which I know is going to be the actual invention?

I think I can say this but, I have a specific shape as my end product, but some other shapes can fit into the abstracted description, but are definitely not as efficient or as functional as the end shape I have already come up with. I may have considered these shapes in the beginning of my invention but they have been long forgotten because they really dont work exactly as the current shape.

So essentially the other shapes don't fit the EXACT functional description that i have but could still be classified as that invention im trying to patent.

And if i dont include them in my provisional patent, can they be stolen by someone who says i can create that in another shape based on that description?
DRich
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October 15th, 2019 at 8:07:58 PM permalink
Include everything possible in the provisional. That will give you a year to decide if you want to pursue them and you will have the invention date documented. The provisional has no claims so it can be pretty broad.
At my age, a "Life In Prison" sentence is not much of a deterrent.
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October 15th, 2019 at 8:19:22 PM permalink
Quote: DRich

Include everything possible in the provisional. That will give you a year to decide if you want to pursue them and you will have the invention date documented. The provisional has no claims so it can be pretty broad.



To give myself a little bit of practice and to start the patent process in general, I am using a template. Would you be able to give it a look and let me know what you think about the template im using?

PLEASE BE WARNED IF YOU CLICK ON THIS IT DOWNLOADS A .DOC FILE

https://otl.stanford.edu/sites/g/files/sbiybj10286/f/provapptemplate.doc

I know that these things shouldnt be boiled down to a template and can be contextually specific when it comes to wording, but this is literally the first one I am attempting to write, because I believe it is simple enough for me to be able to word it correctly and actually piece together a semi-professional looking first draft.
DRich
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October 16th, 2019 at 10:22:37 AM permalink
Quote: heatmap

To give myself a little bit of practice and to start the patent process in general, I am using a template. Would you be able to give it a look and let me know what you think about the template im using?

PLEASE BE WARNED IF YOU CLICK ON THIS IT DOWNLOADS A .DOC FILE

https://otl.stanford.edu/sites/g/files/sbiybj10286/f/provapptemplate.doc

I know that these things shouldnt be boiled down to a template and can be contextually specific when it comes to wording, but this is literally the first one I am attempting to write, because I believe it is simple enough for me to be able to word it correctly and actually piece together a semi-professional looking first draft.



Here is the secret I use. I find the closest issued patent that resembles my invention and use it with only changing what needs to be changed. Patents are not copyrighted so you can just steal from the best.
At my age, a "Life In Prison" sentence is not much of a deterrent.
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October 16th, 2019 at 11:44:41 AM permalink
Quote: DRich

Here is the secret I use. I find the closest issued patent that resembles my invention and use it with only changing what needs to be changed. Patents are not copyrighted so you can just steal from the best.



thats exactly what i have been doing thank you
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October 16th, 2019 at 7:18:29 PM permalink
So I am also thinking, that considering I am talking about a shape here, that I may need two patents for my idea. A utility patent and a design patent. My current invention that I have been speaking about is probably more of a design patent IMO.

If I file for a provisional patent, should I submit two patents?

Should I create the design patent and then the utility patent?

And how would that work... as in can i reference a provisonal design patent within my utility patent?

Or should i keep this as one patent completly?

I definitely have incorporated a computer, and a method within the main invention, and the shape I speak about is definitely included within my idea but I am not sure that the shape i have come up with is necessarily patentable, because it is very easy to reproduce...
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