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Author Topic: Can you patent something that needs or uses another patented invention?  (Read 1689 times)

boozerker

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For example, let's say that in your description on how to create invention B, you mention another one -- invention A, that's necessary for creating "B".

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CriterionD

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In one word,

Yes.

dz

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In one word,

Yes.

But if you begin to practice your patent that depends on another's invention, you still infringe on that prior patent [assuming it is still in force].
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boozerker

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In one word,

Yes.

But if you begin to practice your patent that depends on another's invention, you still infringe on that prior patent [assuming it is still in force].
Ah. So if a person figured out that you can attach a 1998 patented invention to a 2003 one for a novel and non-obvious use, they may patent the combination, but they'd also have to wait until 2017 (fourteen years later) in order to begin practicing it legally.

Correct?
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Lightning50

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"Ah. So if a person figured out that you can attach a 1998 patented invention to a 2003 one for a novel and non-obvious use, they may patent the combination, but they'd also have to wait until 2017 (fourteen years later) in order to begin practicing it legally.

Correct?"

Almost correct. You would need to wait 20 years from the filing date of the 2003 invention. Or, you could obtain licenses.
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Wiscagent

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... or the 1998 patent may no longer be valid or enforcable.
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Richard Tanzer
Patent Agent

Naveen Chaklan

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the patent can be granted and taken for this invention but the commercial exploitation of this invention need the consent of the holder of bolcking patent and otherwise the patent vl be like gizmo patents. the patent vl be worthless unless the bolcking paten expire.
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Naveen Chaklan, M Pharm, LLB (Purs.)
Registered Patent Agent (India)
Cell No.- 0091 96543 52052 / 0091 92898 47833
E-mail: naveen_chaklan@yahoo.co.in
 



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