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   comprising of - need advice please
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   Author  Topic: comprising of - need advice please  (Read 869 times)
dlp4
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comprising of - need advice please
« on: Jan 22nd, 2007, 11:18am »
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My invention claim is an object comprising A + B. There are two other patents existing one comprising A + B + C and A + B + D.  
 
If my invention were prior art these other two would obviously infringe on my patent. But what happens when these narrow patent claims exist already? My invention is in the same field but serves a different purpose.
 
Thank you for any thoughts or advice on this.
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Wiscagent
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Re: comprising of - need advice please
« Reply #1 on: Jan 22nd, 2007, 2:08pm »
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dlp4 - your note is a somewhat confusing, but perhaps this will answer your question.  Consider this scenario:
 
A gadget with A+B+C was publically known on or before Jan 1, 2001.
 
On Feb 1, 2001, Joe Inventor "invented" a gadget with A+B.
 
On March 1, 2001, Joe filed a patent application with 1 claim, claiming "A gadget comprising A+B."
 
In this scenario, no patent should have been granted.  And if the patent were granted, and if the patent were asserted, the patent would be vulnerable to an invalidity argument.
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Richard Tanzer
Patent Agent
dlp4
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Re: comprising of - need advice please
« Reply #2 on: Jan 22nd, 2007, 5:53pm »
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Thank you very much. That makes sense.
 
So, if Joe Inventor "invented" a gadget with A+B+E he should be good-to-go. Is that right?
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Wiscagent
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Re: comprising of - need advice please
« Reply #3 on: Jan 22nd, 2007, 6:56pm »
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In the scenario I presented there are no patents preventing Joe from selling A+B+E.
 
A+B+E is novel.  If A+B+E is also non-obvious, it should be patentable.
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Richard Tanzer
Patent Agent
dlp4
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Re: comprising of - need advice please
« Reply #4 on: Jan 23rd, 2007, 2:11am »
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Thank you
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