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Re: Re: question about patents the do the same thing[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by ktpr on November 03, 2003 at 08:53:02: In Reply to: Re: question about patents the do the same thing posted by M. Arthur Auslander on November 03, 2003 at 08:07:17: Okay, I've done some reading and I see that infringement is held if the *claims* for both patents are same. Basically, I'm wonder how "doctrine of equivalence" applies to the below case: My situation is that my idea differs with a current pending patent on two claims. I will be explicit w/o revealing anything about my idea: The pending patent and my idea differ substantively on I) method of data storage and II) method of transmission and receiving. That is, a difference of two claims, which are explicit in the pending patent.
The above claims concern a patent which is PENDING. A) How does this affect my chances of being granted a patent? You know, prior art/"doctrine of equivalence" and all that. B) Does another similar patent pending hurt my chances of being able to license/sell a patent? Again thanks for you time. I'd love to get more than one opinion on this. cheers
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