Re: Question about "exclusivity" of patents

Subject: Re: Re: Question about "exclusivity" of patents

Comments:
: : In all the patent information I have been reviewed, : : I have encountered that a patent serves to avoid others : : to make, use, selling, etc. a specific device patented. : : However, I am wondering how this could be made in practice. : : For example, if one patent is acheived for a device (a : : television set, a refrigerator, a computer, etc.), why : : there are dozens of (television sets, refrigerators, : : computers, etc.) manufacturers? : : It should not be that one, and only one, could : : manufacture the device? : : Any kind of information will be greatly appreciated. : : Thank you very much for yor help. : What is patentable is what is new useful and unobvious. A patent only gives protection as defined by the allowed claims. Concepts are not patentable. The first television was invented in the early 30's or late 20's, it included a rotating screen with holes in it. Any patent on that could not apply today since the end objective is acheived by different means and better. Even when a basic patent comes out, it usually can be improved. The inprovements are likely patentable even though they may infringe the basic patent. If the improvement is owned by the original inventor, then there is no problem. If the improvement is not then deals have to be made if the improvement infringes the basic patent. Basic patents also expire making room for non infringing improvments. Diffent modes of refrigeration are separately patentable. Refrigeration doesn't have to be from compressed gas, it can be electronic among other things. No one ever said the patent law was simple. : M. Arthur Auslander : ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm) : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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