The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 28th, 2020, 1:37am

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)
   Is this  infringing a Patent?
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Is this  infringing a Patent?  (Read 552 times)
BigBrain
Newbie
*




   


Posts: 1
Is this  infringing a Patent?
« on: Nov 19th, 2007, 9:15pm »
Quote Quote Modify Modify

For example if this saw was patented:
 fabsaw dot com / index2 dot cfm
 
replace the dot with a real (.)dotSmiley
 
 
 
What if I were to make and sell just the cart that the Makita rides in and the rail that the cart rides on, but not have the Makita mounted the buyer would have to do that, would that be a problem?
Or does it  depend on what is contained is the patent writings?
 
Thanks
« Last Edit: Nov 19th, 2007, 9:18pm by BigBrain » IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: Is this  infringing a Patent?
« Reply #1 on: Nov 20th, 2007, 1:25am »
Quote Quote Modify Modify

A good place to start a patent infringement analysis is to identify the product that you wish to sell or make.  Then search for patents that may be relevant.  And then determine the patents are still in force.  Next you, or your attorney, should take a close look at the claims in comparison to the product of concern.  There's a lot more to making an infringement opinion, but those are key steps.
 
So yes, infringement depends on the "patent writings", among other things.
« Last Edit: Nov 20th, 2007, 4:18am by Wiscagent » IP Logged

Richard Tanzer
Patent Agent
Landers
Newbie
*




   
WWW

Posts: 10
Re: Is this  infringing a Patent?
« Reply #2 on: Nov 20th, 2007, 11:36pm »
Quote Quote Modify Modify

The answer will depend on the circumstances.
 
If there is a patent that claims just the cart and rail without the saw, then you could be infringing that patent.
 
Is the cart and rail used for other purposes, or is it only useful in connection with this saw?  If its only use is in connection with the patented saw, then you could be liable for contributory infringement.  If it is used for other purposes, then you may be in the clear - however, if you advertise it or put a label on it saying "this cart and rail are great for use with the XYZ saw", then you might be liable for inducement to infringe if they have a patent that claims the saw+the cart+the rail.
 
IP Logged

Paragen
Pharmaceuticals - small molecule drug discovery - business methods
Pages: 1  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