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Patent Myths
& Misunderstandings
A patent
protects what is shown in the drawings - wrong -
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The patent claims define the scope of
protection, not the drawings.
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The drawings only illustrate the examples.
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A good application is filed with claims broader than
the examples.
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The claims issued might remain
broader than the examples.
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The claims issued might no longer
include all examples.
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more topics -
patent
applications,
patent ready,
patent
infringement
A provisional patent is the normal
or preferred first step on the road to obtaining a patent -
wrong -
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The normal and preferred first step is a nonprovisional application.
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While there are legitimate uses for
a provisional patent application, it increases overall costs and it has risks for anyone
not experienced in patent matters.
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Using the provisional patent
application route to obtain a "patent pending" can destroy the potential for obtaining meaningful patent protection
down the line.
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more topics -
about provisionals
Something shown and/or described in an expired
patent can be re-patented - wrong -
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What is shown and/or described
in any patent, expired or not, is known.
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Something known cannot be new.
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To be patentable, the subject
matter must be new.
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To be patentable, the subject matter must also be nonobvious in comparison to what is known.
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more topics -
before you invest,
patent searches
Something is patentable if it is not
"out there" - wrong, if "out there" means what is on the market
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To
be patentable, the subject matter must be both new and nonobvious in
comparison to what is known.
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What is known is defined by statute and
court interpretations, and it includes far more than what is on the market.
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The patent literature, which is just one source of knowns, includes many, many
things that are not, and never have been, on the market.
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more topics -
before you invest,
patent searches
questions, inquiries
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contact the firm
(all contact modes)
or call 312.419.8055
other topics -
patent term,
patent marking,
patents vs trade
secrets
more topics -
corporate
patent applications,
entry-level patent applications,
patent it or not,
patent ready,
FAQS,
copyright myths,
trademark myths
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