Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
hello. you cannot add anything to a provisional patent application (PPA) so that eliminates that option. You have to file a new PPA or utility patent.
well you already have a PPA for the first application, so no reason to repeat that. You just need to file a new PPA with the ice cream dispenser application.
Like you mentioned, you probably won't be able to include the 2 applications in the same utility patent....you could have put them in one PPA, but when the Examiner examines the utility patent he will likely issue an "restriction/election" requirement that basically means you can't have 2 inventions in one patent and you need to pick one. If there is no structural difference in the 2 versions then you might get away with it, but if there is an important distinction then it won't work....I suggest consulting a patent attorney to decide whether its worth a shot, and you should use one any to prepare the utility patent. Do-it-yourself never yields good results in my experience, you need to let a professional handle it.
if they are sufficiently different then its not double patenting, and if they are not sufficiently different then they can be in the same application....so it just depends on how different the versions are for each application
you're welcome, please rate me thanks