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Re: Re: Re: Re: Re: question about patents the do the same thing[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by Z on November 05, 2003 at 15:58:32: In Reply to: Re: Re: Re: Re: question about patents the do the same thing posted by ktpr on November 03, 2003 at 17:43:51: : hmmm... It seems like your saying that the "doc. of equiv." isn't effective. So I would have to assume that it doesn't affect my chances of being granted a patent, even if a process differs by two or three claims from a current pending patent. : Does anyone else have an opinon? Specifically, about my questions "A" and "B".
If there are existing patents close to your invention it means you cannot claim your invention very broadly. Think of an invention as covering a territory. If there are few inventions close to yours you can claim a big territory but if there are many inventions close you may only be able to claim a small territory. Just b/c you have a small territory doesn't mean you can't lisence it, ultimately it probably depends on a whole host of factors, e.g. economics, other viable options, utility, etc.
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