I had a great invention that would allow the serving of beverages, mixed drinks, etc at places that do not allow GLASS containers, like concerts, football, sporting events.

It had several benefits: it was more sanitary, involves lower water usage, improved safety, and reduced beverage preparation time when compared with previous methods. This was achieved by being a pre-made plastic container which is not prohibited as being glass. Not only would it be used, but it would provide a way to sell certain beverages at big venues that previously could not sell these drinks, since the containers are provided with a special 'touch', and it would save from having to wash the containers because they are 'disposable'!

I applied for a utility patent. I received prior art, and had to argue against two others who claimed a similar invention - but was NOT the same thing. But, after spending 5 x what I was intending, I stopped at the Appeals process.

So my question is, if I am the only one who could have THIS patent on THIS invention, should I give it another shot with a different attorney, and hopefully a different Examiner?

This time, the claims would be fewer (since I have prior art on all the others), so is it wiser to continue where I left off, or go ahead and start fresh and use a different attorney? I am aware of the fact that there are trolls waiting to take you to court once you get your patent, but this patent's ability and usefulness was lost on a young Examiner who I don't think understood just how useful this would be in American entertainment (from home to stadiums), how sanitary it is over the old method, and the fact it could be used in venues, selling hundreds of thousands daily of beverages in places where glass could not be sold, so this opens up a money-making market, and another big part, is it saves water (vs. washing it's disposable) and that will become a important soon!

My attorney, IMHO, knew the Examiner and knew it would be tough. But I proved I invented it, and the Examiner DID validate me as prior art on all. I would have taken it to Appeals, but I had overspent by five times and had to stop for a while. However, I DO have the prior art and if anyone could get the patent, it would be me. So, my question is - should I re-attempt where I left off, or should I start fresh with just a few claims, since everything else is my prior art?

  • There was quite a lot going on here. I've proposed a bit of an edit which I hope brings out the salient points a bit better. However, if you think I've gone too far, and especially if I've changed the intention of your question, please do feel free to roll-back the changes.
    – Maca
    Sep 20, 2016 at 21:09
  • I also have a few points for clarification. (1) When you said "you have the prior art", do you mean that the cited prior art was your own previous patents (or previous non-patent work, I guess)? (2) Presumably your inventions were regarded as obvious over the prior art. Does your attorney agree? (3) How would you propose to re-attempt the process with the same invention? Presumably your original application has lapsed now?
    – Maca
    Sep 20, 2016 at 21:23


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