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I have an Invention ... Now What?
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   How do I design around a Patent
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   Author  Topic: How do I design around a Patent  (Read 1280 times)
twocentsworth
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Re: How do I design around a Patent
« Reply #5 on: Jan 5th, 2007, 8:54am »
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There are at least two issues to the concept of designing around a patent.
 
For example, if you want to make and sell a product, you should come to understand the concept of infringement. Designing around a patent out of concern for infringement will require understanding the claims of the patent. The claims are the numbered paragraphs at the end of the patent. Understanding claims takes experience. The language is bizarre to the untrained eye. You'll need experienced help, or you'll need to start training yourself now (and it will take a lot of time and effort), if you want to well understand claims and make business decisions involving designing around the claims.
 
If you want to patent your developments, you should come to an understanding of patentability. This is a very different matter from infringement. In understanding patentability, the patent you mention merely takes its place in a whole field of literature that may exist in the field of your work. If you want to get a patent, you need to come up with something that is both new and is not merely an obvious improvement over old things. While these words sound easy enough to understand, they actually have their own convoluted meanings when it comes to understanding patentability. Again, you'll need experienced help, or, you've got a lot of work to do to embrace understanding patentability.
 
The issues of infringement and patentability are completely separate from the issues you raise about the existing patent. You've got a complicated situation in front of you. So, I'm in a sense just reiterating, with a bit more detail, what others have suggested. If you're successful at running your business, you probably don't have time to figure this all out by yourself and I can't imagine that you could accomplish it all by getting advice here on this website, though this website does have a lot of useful information. You probably need help from a professional, probably a patent attorney.
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kchuah
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Posts: 15
Re: How do I design around a Patent
« Reply #6 on: Jan 22nd, 2007, 8:49am »
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If you have documentation only. It's still weak.  
You may consult USPTO inventor support (Free) for free opinion.
I remember, talking to one of these guys.
They told me, documentation is not strong enough to protect your invention from stolen (due to many fraud cases, i.e. someone fake the document & try to claim the ownership of filed patents). An inventor with document is assumed to filed his/her invention within 3 months.
 
Another way to secure your invention is to check any work agreement  signed by your ex-employee .. present it to your attorney.
« Last Edit: Jan 22nd, 2007, 8:51am by kchuah » IP Logged
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