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I have an Invention ... Now What?
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   Is this  infringing a Patent?
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   Author  Topic: Is this  infringing a Patent?  (Read 552 times)


Posts: 1
Is this  infringing a Patent?
« on: Nov 19th, 2007, 9:15pm »
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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?
« Last Edit: Nov 19th, 2007, 9:18pm by BigBrain » IP Logged
Full Member


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


Posts: 10
Re: Is this  infringing a Patent?
« Reply #2 on: Nov 20th, 2007, 11:36pm »
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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.
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Pharmaceuticals - small molecule drug discovery - business methods
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