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   Rights on Improvement Patents
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   Author  Topic: Rights on Improvement Patents  (Read 1211 times)
ram
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Rights on Improvement Patents
« on: Jul 26th, 2006, 7:27am »
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Assume that Nokia has a patent on a product A (mobile phone), and later on motorola has got a patent issued on product B, which is an improvement on product A (flip form mobile phone).
 
Now,
 
1. Nokia can stop others from manufacturing, selling,using product A (mobile phones).  
2. Motorola can stop others from manufacturing, selling, using product B (flip form mobile phones) but not mobile phones without flip forms.  
3. Nokia can also stop others from manufacturing, using product B ( flip form mobile phones)
 
 
Motorola wants to manufacture product B (flip form mobile phones). Since it has patent on the same, nobody can stop them. However nokia has patent on mobile phone itself. In this case, do motorola need to get a license from Nokia for manufacturing flip form mobile phones??
 
Can somebody comment on the rights of motorola to manufacture product B.
 
Regards.
 
 
 
 
 
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JimIvey
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  jamesdivey  
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Posts: 2584
Re: Rights on Improvement Patents
« Reply #1 on: Jul 26th, 2006, 8:54am »
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on Jul 26th, 2006, 7:27am, ram wrote:
Assume that Nokia has a patent on a product A (mobile phone), and later on motorola has got a patent issued on product B, which is an improvement on product A (flip form mobile phone).
 
Now,
 
1. Nokia can stop others from manufacturing, selling,using product A (mobile phones).  
2. Motorola can stop others from manufacturing, selling, using product B (flip form mobile phones) but not mobile phones without flip forms.  
3. Nokia can also stop others from manufacturing, using product B ( flip form mobile phones)

This much is right.
 
on Jul 26th, 2006, 7:27am, ram wrote:
Motorola wants to manufacture product B (flip form mobile phones). Since it has patent on the same, nobody can stop them.

Wrong.  Having a patent does not give you the right to make, use, or sell anything -- just the right to exclude others.  See your point 3 above.
 
on Jul 26th, 2006, 7:27am, ram wrote:
However nokia has patent on mobile phone itself. In this case, do motorola need to get a license from Nokia for manufacturing flip form mobile phones??

Yes.  
 
This is a common situation known as "blocking patents".  The typical solution is a cross license, allowing Nokia and Motorola to both make, use, and sell A and B.  In essence, a significant and valuable contribution to the technology becomes a sort of price of admission to the marketplace.
 
Regards.
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James D. Ivey
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ram
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Posts: 72
Re: Rights on Improvement Patents
« Reply #2 on: Jul 26th, 2006, 9:37am »
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Patent is a negative right. Right?
 
Suppose,  
 
1) if i want to manufacture motorola's patented flip form mobile phones.  Do i need to take license from both nokia and motorola?
 
2) if i developed some flip form mobile phones by taking a license from motorola, and then nokia sues me for developing (infringing) their patented mobile phones.  What happens??  
 
Regards.
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Isaac
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Posts: 3472
Re: Rights on Improvement Patents
« Reply #3 on: Jul 26th, 2006, 9:45am »
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on Jul 26th, 2006, 9:37am, ram wrote:
Patent is a negative right. Right?
 
Suppose,  
 
1) if i want to manufacture motorola's patented flip form mobile phones.  Do i need to take license from both nokia and motorola?

 
Yes, you need to get a license from each.   I'll bet you can answer your second question yourself.
 
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Isaac
ram
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Posts: 72
Re: Rights on Improvement Patents
« Reply #4 on: Jul 30th, 2006, 2:28am »
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Another question arises from here:-
 
Can a license be shared with/or transferred to others?
 
For Example, if i purchased a motorola phone through a motorola retailer , it means that i have an implied license to use the purchased motorola phone. Suppose if i share the same with my brother, do my brother infringes the patent?  
 
In general, how exhaustive is the rights of a license? Does it depend on what actually has been written on the license documents?  
 
Regards.
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