Re: Re: Re: Best mode of carrying out the invention

Subject: Re: Re: Re: Re: Best mode of carrying out the invention

Comments:
: : : : Mr. Carr, : : Can you tell me. In your last fine example, if a person is able to think up a new better use for the tool, would they infringe if Part B were removed in order to create the improvement? : : Say B were replaced with BB, where component BB was never thought up by the original inventor. : : And BB was the complete opposite of that described in the original patent. : : Thanks in advance, Everett : Dear Everett. : If the answer were that simple there would be no need for patent lawyers. : The answer is, it depends on the breadth of the claims in the basic patent. : The awful truth is that you might be entitled to a patent on what you have conceived and have that patent, even though valid, infringe the basic patent. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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