The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 28th, 2020, 1:35pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
I have an Invention ... Now What?
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Patent protection clarity please
« Previous topic | Next topic »
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Patent protection clarity please  (Read 2274 times)
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Patent protection clarity please
« Reply #5 on: Jan 11th, 2005, 8:35am »
Quote Quote Modify Modify

on Jan 10th, 2005, 7:42pm, Richard wrote:
This new feature/claim is what will most likely qualify me for a patent but I can't really produce the item without using the original patent claims as a basis.  Does this mean I can't sell my product without the consent of the original patent holder?

Yes, that's what it means (as Isaac has explained).  Based on your recitation of the facts, the existing patent appears to block your use of your invention.  Have you considered approaching the other patent holder and discussing a cross-licensing arrangement?
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Richard
Newbie
*




   


Posts: 6
Re: Patent protection clarity please
« Reply #6 on: Jan 12th, 2005, 7:34pm »
Quote Quote Modify Modify

I have tried to contact the original patent holder with no reply.  Is it common to sell your item and wait for the patent holder to contact you and then offer a percentage?  I understand that's not the best practice but isn't that what I would be doing, waiting for someone to infringe my improved version?  If I ever do get a hold of him, what would be fair?  What percentage should he get and what exactly is it a percentage of?  Thanks again for all your input.  
 
I finally did get a response from the lawyer.  It sounds as if I may get around infringement if my product could be designed differently to reduce the commonality of claims, but still offer the same end result.  At least I think that's what he meant.  He starting speaking "lawyer" so it gets a little fuzzy....I do appreciate the extra effort you folks take in getting to the point in plain English.  Thank you.
IP Logged
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Patent protection clarity please
« Reply #7 on: Jan 13th, 2005, 10:19am »
Quote Quote Modify Modify

Richard, you are absolutely playing with fire by relying on any general advice you get here.  If the lawyer you contacted wasn't able to communicate in plain English like the lawyers here, I strongly suggest you find a different lawyer.  Any one of us here would be happy to speak with you, I'm sure.
 
As for your current inquiry, it's generally a bad idea to knowingly infringe a patent on the theory the patentee will later contact you.  You may be opening yourself up to increased damages and attorney's fees if the patent holder successfully sues.
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
joe
Guest
Re: Patent protection clarity please
« Reply #8 on: Jan 22nd, 2005, 8:57am »
Quote Quote Modify Modify Remove Remove

hi richard,
did you check the expiry date of that patent?
if it isn't too far it might be worth to wait till then.
IP Logged
Richard
Newbie
*




   


Posts: 6
Re: Patent protection clarity please
« Reply #9 on: Jan 24th, 2005, 6:54pm »
Quote Quote Modify Modify


He has 15 or so years left.  I've since thought of a way to design this item without infrindgment to this persons major claims.  It ends up providing the same end result but the design is very different.  I've been told that this may get me around the claims in a way to sell without infrindgment worries.
IP Logged
Pages: 1 2 3  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board