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Copyright & Patents/claims in a provisional patent application

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Expert: - 7/25/2011


Question
Hello George,

I have read that you do not suggest including claims in a provisional application. I am just wondering if you could elaborate on this point - are there any dangers or disadvantages to including the claims that I should be aware of? Would including the claims give any advantages when later filing for a patent?

Thanks,
Eddie

Answer
Usually, at the provisional stage, the inventor is still working out details of his invention. when drafting a patent application, it is like pulling teeth, or peeling an onion to get all of the invention details and ramifications nailed down. So, often I draw up some claims, to help define the invention, but don't submit them because they might be a limitation later on. i.e. too narrowing of the invention. Also, David Pressman is of the same mine, (Patent It YOurself).

Drafting up a patent application is a very serious, tedious, difficult task. As claims are not necessary, I often decide to err on the side of caution.

Hope that helps!  

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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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