Srinivas (Student) 11 November 2010

Seperate patent application v/s combined application

Dear esteemed expert,

We need an opinion on filing separate patent applications for the same product.

We have a product which is novel that solves several disadvantages of the prior art. The disadvantages are solved by different components of the same product. My lawyer suggested that, since each component solves different disadvantage in some novel way, each of these components can be patented separately. These component must coexist and function as a single integrated system .

My lawyer is advising me to split this into separate applications. It means more consultation, filing, and maintenance fee for the organization.

Kindly provide any guidelines on which I can make a better decision on, to file this as separate application or a combined application. What are the risks and advantages in each case.

Thanks

Srinivas

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2 Replies

R.Ramachandran (Advocate) 11 November 2010

I do not know why separate applications have to be filed - so long as all the claims can be in the one and same application.

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(Guest)

Dear Srinivas,

If the invention leads to a single inventive concept one can claim in a single application. Other wise during examination process if the examiner objects for lack of unity of invention one can file divisional application at that time.

Regards,

Navya