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Copyright & Patents/continuation-in-part?

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Expert: - 3/8/2011


Question
I have a US patent, issued in 2005, application in 2003. (I was the inventor, and I wrote the application.) I have a new idea that is based on the patent, but provides additional capability to the claimed device. Can I claim this additional capability in order to increase the lifetime of the original patent? Would that be a continuation-in-part?  Or does that only add time for the new part of the claims?  Or, is there something else that I should file instead of a continuation-in-part? Thanks!

Answer
You have to file a new application.
The continuation-in-part is only applicable for pending patent applications.

News alert: Congress is considering "Patent Reform" legislation. The Senate has passed a bill that is very much against the individual and small company inventors. It now goes to the House. Our President is pushing it. One of the worst features is changing "first to invent" to "first to file".  It would take us from one of the best patent systems to one of the worst, in my humble opinion.  I suggest all reading this petition their Congressman to vote against it.

Best wishes on your projects!


George H. Morgan
Professional Engineer (since 1958)
Patent Agent (since 1973)
web site: http://www.evansville.net/biz/patagent

Copyright & Patents

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Volunteer

George H. Morgan, P.E., Patent Agent

Expertise

U.S. Patent Law only, no copyright or trademark qualification. I was a volunteer in the past, but my homeland defense activities pulled me away at times, and I was dropped. If you want me back, I am willing to come back.

Experience

Thirty one years as a Registered U.S. Patent Agent and a lifetime in product and manufacturing process and methods development as well as sales and marketing of new products with a number of blue chip corporations.

Organizations
Rotary, Society of Automotive Engineers, American Army Aviation Association, Registered Professional Engineer, St. Vincent De Paul Society, Indiana Guard Reserve Officer

Publications
Various Society of Manufacturing Engineers & Society of Automotive Engineers technical publications. Ref. my web site: http://www.evansville.net/biz/patagent

Education/Credentials
B.S. in Mechanical Engineering (Machine Design Option), L.S.U., Baton Rouge, Louisiana; M.S. in Mechanical Engineering (Heat Transfer and Thermodynamics Option), University of Missouri at Rolla, Missouri, Helicopter Maintenance Course, 18 weeks, Ft. Sill Army Aviation School, Troop Information and Education Leadership Course, Ft. Sill, Oklahoma, Numerous Society of Automotive Engineers Seminars, Dale Carnegie Management Training Instructors Course.

Awards and Honors
Bausch & Lomb Science Award, Indiana Homeland Defense Service Ribbon, 2003.

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