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I would like to use the method disclosed (via claims) in this patent for my invention http://www.google.com/patents/US8568309 .

That is, I am creating a glucometer, using this inventor's method for rendering blood glucose values, but this is just one purpose of my glucometer. My innovation is not the method this patent divulges. My innovation is that I am adding functionality to this preexisting glucometer (for the sake of argument, lets say that I am inventing a glucometer that can ALSO turn water into wine).

Would this be considered infringement? If so, how does anything get created in the world if inventors can't create technology that is derivative (but not the same) as previous technology?

Also,

if this is not infringement, should I even include a description of his method in my patent? Should I claim his method and use his software block diagrams in my figures?

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  • Most new things are improvements on past things. If your box does all of the steps of a patented method then making, selling importing or using that box infringes the method. The fact that your box does other things might help you get a patent on your advances but it would not change the fact that it does perform every step of a claim of an in-force patent. One theory of patents is that in finding a way to work around and existing patent you may come up with a new and better way to do something.
    – George White
    Aug 25, 2014 at 18:20

3 Answers 3

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Unless you are doing all of the steps of a claim you are not infringing it. Claim 1 of US8568309 requires putting voltage through a test strip, and getting readings from 3-axis accelerometers to determine the person's activity level, and sending this all off by a GPRS radio, and at least two other steps. If you are just measuring blood glucose values the way they mention that is no where near doing all of the claimed steps. If you did do all of the steps AND you turned water into wine you could get a patent on your device but it would still infringe.

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If I understand your question correctly you should be able to find all the information on that topic here: http://www.nolo.com/legal-encyclopedia/improvement-patents-new-use-patents-30250.html

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    Welcome to Ask Patents. One of the style and content policies of Ask Patents and all other Stack Exchange sites is to provide content within an answer rather than relying on a link to convey all or most of the content of an answer. Links change and people also feel that this should be an answer repository rather than a collection of pointers. Just FIY
    – George White
    Aug 25, 2014 at 18:23
  • @GeorgeWhite Their are archives of weblinks web.archive.org/web*/nolo.com/legal-encyclopedia/… Oct 1, 2017 at 14:38
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Most patents granted today are improvement patents. Improvement on patents depends on whether or not the patentable differences provide you with a worthwhile competitive advantage.

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