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Dec 15, 2006
by Ben Tex
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It has been suggested that I

It has been suggested that I forward the following to you. I need some advice. I'm a client of ISC and through this process have applied for a patent. When my patent application was shown to me, I was surprised at how it was very specific in describing the way the item would be constructed, something I never had indicated or asked for. When I asked the atty about it, he replied that it was just one way it could be done. My understanding was that the patent would cover the "structure and function" of the invention. Since then, I have invested thousands more in the development of a prototype which, while faithful to the original design, is constructed differently. I contacted the attorney again and was told that since the key construction elements were included in the first claim of the patent application, a change such as mine would require a new application. In other words, I've applied for a patent on one way to make the item (which I never specified) and not the item itself. What are my options

Ben Tex

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