Welcome to Law-Forums.org!   

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


How to write a patent claim if a patent has already been issued but you think the patent is restricted?

Patents & Trademarks Discussion Forum

How to write a patent claim if a patent has already been issued but you think the patent is restricted?

Postby jolie » Mon May 14, 2012 6:03 am

if a patent is granted on claims that begin as follows "A portable abdominal exercising mat..." does this mean that one can submit a patent claiming similar claims if one doesnt restrict themselves to a portable abdominal exercising mat? eg can one just say an exercising mat?
jolie
 
Posts: 37
Joined: Thu Mar 31, 2011 7:33 am
Top

How to write a patent claim if a patent has already been issued but you think the patent is restricted?

Postby bachir93 » Mon May 14, 2012 6:17 am

If the claims are so restricted, it MIGHT be possible to try to patent a more general use for the product, but I'd doubt that it will succeed. In the first place, the restriction was probably needed to make the patent specific enough to begin with, but if not, the more general use would probably fail meet the criteria of inventiveness. 'One skilled in the field' (to use patent language) can easily see that a mat does not have to be used purely for the abdomen.
bachir93
 
Posts: 24
Joined: Thu Mar 31, 2011 9:53 am
Top


Return to Patents & Trademarks

 


  • Related topics
    Replies
    Views
    Last post