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Re: 3ch0 post# 17660

Monday, 09/11/2017 9:19:06 AM

Monday, September 11, 2017 9:19:06 AM

Post# of 32527
Thanks. I learn something new about patents.

http://www.patenttrademarkblog.com/parent-and-child-patent-applications/

"How can an applicant make strategic use of continuations?

Continuations can also play a significant role in a well-planned patent enforcement strategy. If a parent has been allowed, an applicant may want to consider filing a continuation application prior to the grant of the parent patent in order to capture attempts by competitors to design around the parent patent claims.

For example, if a parent patent issues with an independent claim covering ABC and a competitor introduces a new product with only AB (no C), filing a continuation with claims covering only AB (assuming such a claim is allowable over the prior art and supported by the specification) gives the patent owner a second bite at the apple to capture the design-around attempts.

Keeping pendency alive as insurance against future infringers

Even a strong patent with well drafted claims may be susceptible to design-arounds. Once competitors analyze and pick apart the patent claims, there’s no predicting how they might be able engineer around the claims to avoid infringement.

While it may be unclear how third parties will design around allowed claims, filing a continuation application with a placeholder claim gives the patent owner time to see how the competition reacts to the granted patent. The patent owner may then file a preliminary amendment to replace the placeholder claims with new claims that more effectively capture any design-around products."

Looks like they are trying to strengthen the original patent.

Nice move given the current climate on voting machines.

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