listenup77 said:
Now in connection with that, is it better to have two non-provisional patents dealing with two main embodiments or just have a provisional for each of the main embodiments and then claiming both (joined) into a non-provisional application? I would think I would have more of a concrete protection with two seperate non-provisional applications, focusing on each key claim for that embodiment, instead of just throwing it all in together. But on the other hand, if filing internationally, that would be two PCT appl. needed to file instead of one. Or does it just not matter, as long as each specific key claim that makes up the paticluar embodiment, if written into the claim? Thanks.
I have no idea what you are trying to do here, maybe it's just a misunderstanding of the word "embodiment." An "embodiment," at least in patent law, is one way of "practicing" the invention -- any invention can have multiple embodiments, but the different embodiments do NOT make up different inventions. A patent covers a particular invention -- as noted, the invention may have multiple embodiments, any number really -- but since there is only one underlying invention, there is only one patent.
If what you are talking about is really multiple embodiments of the same invention, then it would be incorrect to have multiple appications for each embodiment, and if you converted these multiple applications to nonprovisional applications, they would likely be rejected for obviousness-type double-patenting (the later-filed application is "obvious" in light of the earlier application). If these embodiments are really different embodiments of the same invention, they all need to be part of the same application, because you can only get ONE patent on a particular invention, regardless of how many emobodiments of that invention you might have. You can have as long a specification as you want, you can disclose as many embodiments as you want, you can assert as many claims as you can afford, but you can only have one application for a given invention.
Now, if what you are calling "embodiments" are really separate inventions, then you can't merge them into one application, because a patent can only cover one invention (although, as noted, the invention may have numerous embodiments). If you really have more than one invention in an application, the application will be subject to a restriction requirement, which means that you will have to pick one invention to go forward with (and then the usual practice is to file divisionals on the other inventions that are restricted out). Foreign patent offices, especially Europe, are even MORE careful about restricting the application to a single invention than is the U.S., in general.
Maybe if you could provide more informationit would be possible to advise you better. But given what you have written, I'm not completely clear on what you are trying to do.