Is this a possible violation?

(1/1)

autotrep:
Hi! I own a business and was trained by a company with a "patented process" that includes a "paint mixture." I pay a monthly licensing fee, but have since found that I can accomplish similar results without using the expensive "paint mixture" and by adding an extra step to the process.

I read the patent and all the independent claims refer to the process using this "paint mixture." So, is the process itself patented or the process with the paint mixture the patent?

Every paint repair system is slightly different, but all include very similar steps or a mix of similar steps. Am I be infringing on the patent?

khazzah:

--- Quote from: autotrep on 06-28-11 at 11:55 am ---Hi! I own a business and was trained by a company with a "patented process" that includes a "paint mixture."... Am I infringing on the patent?

--- End quote ---

Depends on the *claims* in the patent. You infringe a process claim if you practice each step of the process. You infringe an apparatus claim if your apparatus includes each element of the claim.

You really should contact a patent attorney to decide if infringement is a concern. Claims are not generally understandable by a layman.

JimIvey:

--- Quote from: autotrep on 06-28-11 at 11:55 am ---I read the patent and all the independent claims refer to the process using this "paint mixture." So, is the process itself patented or the process with the paint mixture the patent?

--- End quote ---

Well, that's the right approach. If you read the claims and all independent claims describe something you don't do, you're on pretty good footing. That's not the complete answer for claim coverage, but it's nearly so. If you're doing some obvious variation of what the claims describe, you could still be in trouble. The legal doctrine that allows claims to cover more than their explicit bounds is called "the doctrine of equivalents", and it's been reduced dramatically in recent years.

--- Quote from: autotrep on 06-28-11 at 11:55 am ---Every paint repair system is slightly different, but all include very similar steps or a mix of similar steps. Am I be infringing on the patent?

--- End quote ---

That helps you. If the technology is "crowded" -- meaning there are many, very similar approaches to the same problem, the claims are less likely to cover things beyond exactly what they describe.

I'm not sure you need to lawyer up just yet. You seem to have a good faith argument that you're not intentionally infringing the patent. However, when you announce that you won't be paying the licensee fee any more, they might get aggressive and then you might consider lawyering up.

Regards.

Wiscagent:
Does the company disclose the patent number(s) for their patented process?

bogert:
I think that Companies disclose their Patent numbers. But the above situation strictly depends upon the Claims, Or you should also concern with an attorney.

Navigation

[0] Message Index

Go to full version