Legal Question in Intellectual Property in New York

Can one patent be made on something that will have various sizes?


Asked on 4/17/10, 2:37 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Sure.

A patent protects invention. Unless size is a factor of the invention, size doesn't particularly matter to a patented invention. If size is a factor of the invention, one simply writes claims to include various sizes (not in that language).

Be aware that a patent application is the most complex legal document in existence. They are written by attorneys (and agents) who can, under the New York Rules of Professional Responsibility, actually use the word "specialize" to describe the practice. While it is possible to represent yourself before the US Patent and Trademark Office, your patent attorney/agent is worth his/her weight in gold in representing you before that agency in obtaining your patent, in enforcing your patent, and in maintaining your patent.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 4/22/10, 3:06 pm


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