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July 20, 2023
John Rizvi, Esq.

When Applying for a Patent, Should I Claim Every Possible Version or Variation of the Invention?

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Mani would like to know, can you? Should you claim every potential version of the invention? Yeah, so what a good patent attorney does is when when I draft a patent, I'm trying to look at what it is that the inventor is trying to protect. And I don't tie it to a specific version, because then the patent is not as valuable. So as an example, if, if your idea is a chair that has magnets in the seat portion, say for pain relief, in the magnets are supposed to help. When I draft that application, it would be a disservice to the inventor. If when I write it, I write that the magnets are in a chair. Because an FAC for example, it has four legs, because it could be a three legged barstool that a competitor creates. And if I put four legs into my claims, then that's not going to cover this competing product. So what a good patent attorney will do is instead of saying that the chair has four legs or three legs, they would say that it has at least one leg, and then all the variations are covered. But even better. Why even say it's a chair in the first place? Like what if somebody takes magnets and puts them into a bench or a tree stump or a mattress? So why not say that it's a flat surface for supporting a human body? And that includes magnets that would be the best way so that as far as the question, should you include every single embodiment. You absolutely should work with an attorney to try to get as broad protection as possible so that competitors can't make small changes and get around your rights.

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