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Author Topic: Independent vs. Dependent Claims License  (Read 989 times)

jparker1

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Independent vs. Dependent Claims License
« on: 05-12-09 at 01:22 pm »

Hi-

Suppose one licenses (independent) claim 1 of a patent (this is exactly what the contract states, i.e., claim 1 and only claim 1).  Doesn't that imply that one can practice the technology associated with any claim dependent upon claim 1 as dependent claims can only further restrict the technology of claim 1?  Or not?

Thanks,

Jim
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Wiscagent

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Re: Independent vs. Dependent Claims License
« Reply #1 on: 05-12-09 at 04:11 pm »

There's enough ambiguity that there could be problems down the road.

At the time the contract was written the dependent claims already existed; so the phrase "and only claim 1" suggests that the license does NOT include the dependent claims.  I'm not a lawyer, but that clause would make me nervous.
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Richard Tanzer
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