I don't have access to patent attorney or professional patent drafter and I need to file an application. After that I plan to publish the invention and, if there will be some interest from any investor, seek to expand the protection by means of 12 months priority under Paris convention. I have a (presumably) good description and drawings but claims are really difficult to write. I am left with a choice to either write myself (being amateur):
- only omnibus claim and add more claims later (when and if there will be some investor interest)
- only one broadest claim and add more claims leter (when and if there will be investor interest)
- all the claims
In option 1, I believe that omnibus claim may be rejected as not defining the invention and, thus, leaving the invention undefined and any applications in foreign countries claiming priority over the first application. In option 2, I might be able to use professional service for drafting new claims and add them later on in future applications claiming priority over the first one, but some offices (e.g. EPO) will not allow adding broader claims (or maybe even new claims that are not dependent claims?) even if they are supported by description. In option 3, I might get some or all claims wrong, because I am an amateur. If I'll get them wrong, the same problem as mentioned above will occur - the invention will be undefined and it will be impossible to use this application to claim priority and file subsequent application abroad. Which of these options is wisest in my situation and what are the benefits and pitfalls involved?