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(Message started by: patag2001 on Aug 18th, 2007, 2:16pm)

Title: INFRINGEMENT QUESTION
Post by patag2001 on Aug 18th, 2007, 2:16pm
I want to verify my understanding of a significant concept of patent law.

I recall that the transitional phrase “comprising” means “greater than or equal to”.  Further, I recall the transitional phrase “consisting of” means “equal to”.  

Hence, where the transitional phrase “comprising” is used in the claims, an improvement patent of A, B, and C infringes a basic patent of A and B.

In contrast, an improvement patent claimed as consisting of A, B and C does not infringe a basic patent claimed as consisting of A and B.

Is this correct?

Many Thanks!!

Title: Re: INFRINGEMENT QUESTION
Post by Wiscagent on Aug 18th, 2007, 5:07pm
The question is unclear.  A patent can not "infringe" another patent.  A patent may anticipate another patent; or a product may infringe a patent.

Title: Re: INFRINGEMENT QUESTION
Post by patag2001 on Aug 18th, 2007, 6:07pm
Is this clearer?

I want to verify my understanding of a significant concept of patent law.

I recall that the transitional phrase “comprising” means “greater than or equal to”.  Further, I recall the transitional phrase “consisting of” means “equal to”.  

Hence, where the transitional phrase “comprising” is used in the claims, of a product based on an improvement patent of A, B, and C infringes a basic patent of A and B.

In contrast, a product based on an improvement patent claimed as consisting of A, B and C does not infringe a basic patent claimed as consisting of A and B.

Is this correct?

Many Thanks!!  

Title: Re: INFRINGEMENT QUESTION
Post by Bill Richards on Aug 18th, 2007, 7:30pm
If I understand you correctly, you are correct.  Consisting of means no more and no less.  Comprising means more is OK.



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