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In Intellectual Property (IP) Law and specifically patent law, the term embodiment refers to tangible forms of IP both existing or that can exist following development.
Quite simply, embodiment is an example of an invention.
Embodiments are seen in patent applications whereby the whole or a part of an invention is described as a tangible thing in greater detail showing an example of that part or the whole of the invention.
It gives greater meaning to the application and demonstrates how something will be made or how it will be used based on the patent outline.
An embodiment can be in any form or medium - including digital. For instance, should your IP have been involved in the development of a software program, that program is an embodiment of your IP.
Likewise, the physical component of your invention, developed from your novel ideas embodies your IP.
An embodiment does not necessarily infer that there is only one example of your IP in practice. It may be just one example of how your IP may be used.
While most patent claims protect at least one disclosed form of an embodiment, a well-drafted patent will protect the invention and all possible embodiments of the invention. It can also potentially protect embodiments not disclosed in the patent application if they fall within the scope of the claims.
Ultimately, your rights are defined and protected by what is in the claims of your patent, not by the embodiment or descriptive example.
That said, embodiments can sometimes place boundaries on the meaning of certain claim terms.
To ensure that any provided embodiment or example of your invention outlined in a patent claim is beneficial to you now and in future, it is best to engage an IP attorney.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.