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Is it Patentable?
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   Can i patent and sell this
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JimIvey
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Re: Can i patent and sell this
« Reply #5 on: Jan 27th, 2006, 3:17pm »
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Just to echo RogersDA's point, "exclusive" probably doesn't fix it.
 
Patents give you the right to exclude others.  But they do nothing to ensure that things covered by your claims are not also covered by claims of other patents.  In other words, adding some novel, non-obvious new part to an older, patented thing generally doesn't avoid infringement of the older patent but, at the same time, you can get a new patent on the new variation of the old thing.
 
Really, the only way to say it correctly is to say that patents give you the right to exclude others from making, using, selling, and importing the thing covered.  Patents do not give you the right to make, use, sell, or import anything -- exclusively or otherwise.
 
Sorry to be so nit-picky, but this is one of those fundamental things that people often misunderstand, going through the patent process with unreasonable expectations -- and they are accordingly headed for major disappointment.  To develop a promising patent strategy, people must understand exactly what patents do and don't do.
 
Regards.
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James D. Ivey
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Wiscagent
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Re: Can i patent and sell this
« Reply #6 on: Jan 27th, 2006, 3:28pm »
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To belabor the obvious ... also a patent does nothing to relieve restrictions related to FDA rules, FCC regulations, safety limitations, contractual issues, and so forth.
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Richard Tanzer
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CriterionD
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Re: Can i patent and sell this
« Reply #7 on: Jan 27th, 2006, 3:33pm »
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Don't worry about the nit-pickiness.  I appreciate any feedback.  I don't want any inaccuracies in my FAQ, even if they are merely technical, as that would be unprofessional.
 
Just to make it clear, I'm not out to try and replace or compete with patent attorneys.  I am certainly familiar with patent law, but that is not my strength.  I am out to do high quality patent research, which is a strength of mine, and I am out to interpet "IP talk" to the end consumer in lay-men's terms as much as possible.
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CriterionD
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Re: Can i patent and sell this
« Reply #8 on: Jan 27th, 2006, 3:59pm »
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on Jan 27th, 2006, 3:17pm, JimIvey wrote:
Really, the only way to say it correctly is to say that patents give you the right to exclude others from making, using, selling, and importing the thing covered.  Patents do not give you the right to make, use, sell, or import anything -- exclusively or otherwise.

 
Anyways, here's where I am going to start a small debate though.  If patents do not give you the right to make/use/commercialize anything, how do they give you the right to exclude others from doing so?
 
I could see a case where what you have patented does not meet legal guidelines or regaulations, but in that case you are not the one excluding anybody from producing/using/selling a product, they are already excluded.
 
In the event where the claims in your patent do not give you the right to a product because you cannot produce/use/sell that product without infringing on someone else's claims, then you don't have the right to produce that product but if I'm not mistaken you don't have the right to exclude others from producing that product either.  They are already excluded from that right for the same reasons that you are excluded from that right.  In this case, I think this is more a matter of technicality than accuracy
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JimIvey
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Re: Can i patent and sell this
« Reply #9 on: Jan 27th, 2006, 4:00pm »
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on Jan 27th, 2006, 3:33pm, CriterionD wrote:
Just to make it clear, I'm not out to try and replace or compete with patent attorneys.  I am certainly familiar with patent law, but that is not my strength.  I am out to do high quality patent research, which is a strength of mine, and I am out to interpet "IP talk" to the end consumer in lay-men's terms as much as possible.

No problem.  That's what we're all here for -- helping people to better understand a complex thing.
 
And, Richard's right, there are many things to prevent one from making their own patented invention, not just other patents.
 
I just see other patents as an interesting hurdle though -- since you have to overcome them in one way during prosecution, many people think they won't be problems after issuance.
 
Regards.
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