Forums: Discussions for entrepreneurs and small business.

I have been reading a lot of controversy over whether or not to include claims in your provisional patent application. What is the general consensus with this topic? Should you or shouldn`t you? Should it be at least 1 very broad claim? Any help is appreciated.

what do you think - and why?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Well lets see....I think yes so that you have something solid if it ever goes to court...but I think no because if the product changes outside of the claim, you might not be able to use the provisional filing date. But I really dont know so I was seeing if anyone had any useful opinions.

The claim in a provisional application is not going to help much in court because a utility application must be filed and issue. 

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com