Asked in Patents (Intellectual Property)

Q: I have an idea for wheelchair, during application for patent do I have to submit complete wheelchair ?

Or only the proposal is enough?

2 Lawyer Answers
John B. Hudak
John B. Hudak
Answered

A: In a patent application, the invention must be disclosed. In the patent application the invention will be described – and whatever is required to understand the invention. Therefore, if the aspect of "the complete wheelchair" is necessary to understand the invention, then yes the element of the complete wheelchair will be disclosed in the patent application. What actually defines what is patented in the patent are the claims of the patent. There is strategy on how to write the patent (including the claims), so many times it’s best to have a patent attorney prepare the application. Also, a very important point, be careful with public disclosures (telling someone about the invention, selling the invention, and more) of the invention before submitting an application because you may loss rights to the invention if not careful. There are other warnings too, so a consult with a patent attorney is always a good idea.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to review the specific facts to your situation.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
Answered
  • Patents Lawyer
  • Washington, DC

A: For filing a patent application, you will have to have a clear idea of your wheelchair, so that it can properly be described in the application and illustrated in the drawings.

Contact me if you wish to discuss.

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