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Topic: the relations between inventions and it consecuenc (Read 1071 times) |
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Carlos Conde
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the relations between inventions and it consecuenc
« on: May 31st, 2004, 9:15am » |
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Any invention, has a relation with the state previous of the art, but also with the inventions that happen him in the future, on this treats this topic.
The relations among inventions, still I find a little strange, we will suppose a case of example, to clarify some doubts:
We suppose that Mr. Joe has invented the bank (a plank in any way and material, basically plane but not strictly, held by several paws of uncertain number) and that it has been granted him the application of the patent. Now we imagine that Mr. Bill leaving of the design of Mister Joe, he is happened the idea to improve the bank, the idea is that apart from being able to rest the legs when sitting down, also rest the back when leaning on on an on system of plank in vertical or inclination on the seat.
Possible relationships: Now the questions; Can Mr. Bill still request the patent before the 20 years pass?. Mr. Bill, imagining affirmative the previous answer can manufacture its invention, or should must he request it licenses Joe first to manufacture it, to still have in active its patent and to stay that of Bill supported in that of Joe?. An external maker, can it hire license to Bill to build the seat, but will it have validity without also having the license of Joe?.
Do we admit because that Mr. Bill overcomes the state of the previous art, but is Joe protected correctly, or only it has served its invention, so that others take new ideas? . The protection of Joe will depend exclusively of like the application of the patent is processed...? .
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JimIvey
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Re: the relations between inventions and it consec
« Reply #1 on: May 31st, 2004, 10:40am » |
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Assuming I understand the question properly, Mr. Joe has an earlier patent and Mr. Bill has a non-obvious improvement over the description portion of Mr. Joe's patent.
Mr. Bill can get a patent but needs a license from Mr. Joe to actual make, use, and/or sell his improved, patented idea. The patent doesn't give one the right to make, use, or sell anything -- only to prevent others from making, using, and selling the patented idea.
Mr. Joe would then be prevented from making, using, and selling Mr. Bill's patented improvement. The typical solution is a cross-license in which Mr. Joe and Mr. Bill allow each other to practice the other's inventions.
The result of this type of system is that all market participants have to contribute either technical innovation or money to participate in the marketplace -- either have their own patent portfolio or pay royalties to those who have valuable patent portfolios.
I hope that answers the question.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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M. Arthur Auslander
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Re: the relations between inventions and it consec
« Reply #2 on: May 31st, 2004, 4:41pm » |
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Dear Carlos Conde,
Are you interested in a patent or best legal protection for your business idea?
If Reality is business you can find a way to not infringe and to best protect your venture. It usually can be done. ELAINE's Workshop® E arly L egal A dvice I s N ot E xpensive™.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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