What Is a “Kit” Patent?
New Jersey and New York Patent Attorneys Serving Clients Nationwide
If an inventor wants to patent selling two or more items together that are brought together at the time of use (as a “kit”), they will often patent what is known as a “kit” claim. You will frequently see kit claims used in biotechnology industries, for example. However, figuring out whether something should be patented as an individual component or as a kit claim can be complex, and requires the analysis and advice of an experienced patent and intellectual property attorney in order to figure out what will provide you with the best protection possible. In addition, the United States Patent and Trademark Office can always reject or restrict the claim if it finds that you should patent different components that each need to be segregated.
Figuring out Whether to Use a Kit Claim
There are a number of factors that go into figuring out whether you should pursue a kit claim or not. For one, you want to make sure that the unique aspect of your invention is the combination of its parts, not the way by which they are applied or combined. If it is the method that makes the invention unique, you may, instead, want to pursue what is known as a method or process claim. Some of the most common kit claims are those involving medical devices, such as kits used to perform particular types of procedures.
Once you have consulted an attorney and figured out which route makes sense, you also have to make sure that your claim is drafted and presented to the United States Patent and Trademark Office such that it will be accepted. A number of claims are rejected each year for failing to properly describe the invention and what will be protected by the patent. Working with an attorney can also help you avoid costly litigation from parties that might argue, for example, that the kit claim is invalid because the total does not create a new product.
Why You Should Work with An Experienced Patent Attorney
There is no question that the patent process is incredibly complex and it is very easy for mistakes to occur, especially given the hundreds of thousands of claims that the United States Patent and Trademark Office processes every year. In addition, there are parties that are seeking to take advantage of inventors who might be new to the process and make those mistakes; seeking to exploit and abuse made by those new to the system who do not rely on expertise legal assistance.
If you have any questions related to patents, including kit claims, contact our experienced patient attorneys today to find out how we can use our 80 years of combined experience to ensure that you are protected.