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Re: Re: patent infrigement

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Posted by James Ivey on September 29, 2003 at 15:10:03:

In Reply to: Re: patent infrigement posted by James Ivey on September 28, 2003 at 22:02:56:

Just a couple of things regarding somewhat obscure terms you might find....

"comprising" means "including"
"said" means "the"
"a plurality of" means "two or more"
"means for" performing some function has a specific interpretation, but it's okay to ignore that and treat it literally for the first pass through the claims.

One more note: comprising vs. consisting of....

"comprising" (and "including") means that the thing includes what follows and perhaps more than that. "consisting of" means that the thing includes what follows and nothing more.

I hope that helps.

Regards.

: : If an item of use has a patent on it, and someone makes and sells an item that is similar in use but slightly different in design, would the second party be liable for patent infrigement?

: You have to actually read the claims. They are numbered paragraphs (required to be a single sentence) which very precisely define what someone must make, use, sell, or import to infringe. If you look the patent up at the USPTO web site (www.uspto.gov), the claims are toward the beginning. If you look at the paper print version of a patent, the claims are at the end.

: Of course, this assumes you know the patent (or at least the patent number). The item itself might give the numbers of any patents covering it.

: Once you've found the claims, you have to read them individually. Read each one very carefully and look for any part that does not describe item which might infringe. If any part of a claim does not describe the item, the item does not infringe that claim. If the item infringes any one of the claims, the item infringes the patent.

: Anyone familiar with patent law will know that this analysis is just the beginning. Infringement analysis is really more complicated than that, and of course there's consideration as to whether the claim is valid and enforceable. But this is where we all start and this simple analysis gives you some idea regarding likelihood of infringement.

: I hope that's helpful.

: Regards.

IveyLaw

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Subject: Re: Re: Re: patent infrigement

Comments:
: Just a couple of things regarding somewhat obscure terms you might find.... : "comprising" means "including" : "said" means "the" : "a plurality of" means "two or more" : "means for" performing some function has a specific interpretation, but it's okay to ignore that and treat it literally for the first pass through the claims. : One more note: comprising vs. consisting of.... : "comprising" (and "including") means that the thing includes what follows and perhaps more than that. "consisting of" means that the thing includes what follows and nothing more. : I hope that helps. : Regards. : : : If an item of use has a patent on it, and someone makes and sells an item that is similar in use but slightly different in design, would the second party be liable for patent infrigement? : : You have to actually read the claims. They are numbered paragraphs (required to be a single sentence) which very precisely define what someone must make, use, sell, or import to infringe. If you look the patent up at the USPTO web site (www.uspto.gov), the claims are toward the beginning. If you look at the paper print version of a patent, the claims are at the end. : : Of course, this assumes you know the patent (or at least the patent number). The item itself might give the numbers of any patents covering it. : : Once you've found the claims, you have to read them individually. Read each one very carefully and look for any part that does not describe item which might infringe. If any part of a claim does not describe the item, the item does not infringe that claim. If the item infringes any one of the claims, the item infringes the patent. : : Anyone familiar with patent law will know that this analysis is just the beginning. Infringement analysis is really more complicated than that, and of course there's consideration as to whether the claim is valid and enforceable. But this is where we all start and this simple analysis gives you some idea regarding likelihood of infringement. : : I hope that's helpful. : : Regards.

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Re: Re: patent infrigement

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