Design Patents for Two Piece Widgets?
Dale
come in two mated pieces, but the matings are interchangeable, so that
widget 1a and 1b go together, but so can 1a and 2b, or 1b and 2a. My
question is, will I shoot myself in the foot if I double up on the claim
filings? That is, if I file claims for 1a and 1b together, and 2a and 2b
together, will each of the four pieces be protected, or only the two
combinations of the four pieces?
Mike Brown
> filings? That is, if I file claims for 1a and 1b together, and 2a and 2b
> together, will each of the four pieces be protected, or only the two
> combinations of the four pieces?
To answer your question, if you just claim 1a+1b and 2a+2b, that's what
you get. 1a and 2a are not individually covered, unless they're combined
with 1b and 2b, respectively, and 1a+2b is probably not covered,
depending on the actual fact pattern and how the claims are drafted.
What claims you can get will depend largely on what 1a,b and 2a,b are
and what the prior art you need to avoid is. Also, you haven't been
clear about what is novel - is it the half-widgets, or only the
combination of half-widgets? Must there always be an a and a b, or is
1b2b possible? Claim writing is so fact dependent that all I can do is
comment in the abstract, as you've posed the question.
Assuming that you need both a & b in each widget, and the a-things and
b-things are not independently patentable, you could try:
1. A two piece widget comprising an a-thing selected from the group
comprising 1a and 2a, coupled to a b-thing selected from the group
comprising 1b and 2b.
or, two families of claims:
1. A widget comprising a 1a coupled to a b-thing.
2. The widget of claim 1, in which the b-thing is a 1b.
3. The widget of claim 1, in which the b-thing is a 2b.
4. A widget comprising a 2a coupled to a b-thing... etc.
or even,
1. A two-piece widget comprising an a-thing coupled to a b-thing.
2. The widget of claim 1 in which the a-thing is a 1a. ... etc.
Of course, if the half-widgets are novel, useful and not obvious, you
could claim each individually:
1. A half-widget comprising (define 1a).
2. A half-widget comprising (define 1b). ...etc.
x. A two-piece widget comprising two half-widgets, the half-widgets
being selected from the group comprising 1a, 1b, 2a and 2b.
Or, if there is some generic similarity amongst the half-widgets which
is the patentable part, you claim:
1. A half-widget comprising a frammis pivotally coupled to the anode of
a gronkheiser by a reticulated portoflan armature.
2. The half-widget of claim 1 in which the gronkheiser is silicon. (1a)
3. The half-widget of claim 1 in which the gronkheiser is germanium. (1b)
... etc.
--
Michael F. Brown
Registered Patent Attorney No. 29,619
Mike Brown
>> question is, will I shoot myself in the foot if I double up on the claim
>> filings? That is, if I file claims for 1a and 1b together, and 2a and 2b
>> together, will each of the four pieces be protected, or only the two
>> combinations of the four pieces?
I just noticed the subject line - you can't get multiple claims in a
DESIGN patent on your two-part widget at all. Design patents cover the
novel appearance of a useful object, and you don't get more than one
claim which says "the widget as shown in the drawing". The drawing can
only show one widget - no alternatives are allowed.
Gary V. Deutschmann, Sr.
Am I missing something here?
A design patent only covers the design of an object and the CLAIM
usually reads: "The ornamental design for a "blah de blah", as shown
and described.
I do see you have another post down the line, perhaps you have already
addressed this.
TTUL
Gary
Mike Brown
> Am I missing something here?
> A design patent only covers the design of an object and the CLAIM
> usually reads: "The ornamental design for a "blah de blah", as shown
> and described.
No, I missed something - answered the question, and not the topic line.