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
PREMIUM
Answered
  • Patents Lawyer
  • Milford, CT

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.