what if i use other people invention is part of my own invention

Question

i have an idea to create a machine that use electric motor (which is an invention that is created by someone else long time ago). do i have to pay the electric motor inventor some money to be eligible to use it? if so how much percentage? and what if i have more then one other invention that is used in the machine that i created? i tried to do research on google but cant seem to find the answer please help

Answer 1

It depends. There are many patents on electrical motors. If you infringe one of them, that could cost you money. Either in form of getting sued or by paying license fees. However there might also be forms of electrical motors that are not protected.

The problem is, there is not the patent for electrical motors, but there are many.

Anyways, if you buy the motor instead of building it yourself, chances your supplier pays license fees for selling them are good. In that case you would probably not have to pay extra.

The same applies for multiple components. Worst case would be having to pay for all of them, best case they are not protected or you pay already by buying them.

You have two ways there, you start researching a lot (or let a professional do this) or you say 'I'm lucky' and hope that nobody notices or cares. That is dangerous, but tbh many people choose to do it this way as it's cheaper and normally you won't get sued directly but rather asked to pay fees first if somebody does care. This is not supposed to be any advice, just a listing of your possibilities. Advice on this can't be given without extensive information and research.

Answer 2

If you are asking specifically about the motor, then if you buy a motor from a reputable manufacturer the the answer is almost assuredly you won't have to pay a license fee. The motor manufacturer pays them if necessary in order to be able to sell the motor. If you are concerned, you can ask the motor vendor if there are any licensing issues. Most companies I've worked for have purchasing departments who do establish with the vendor that licensing in the markets served is acceptable.

This says nothing about whether the product the motor is a part of can be sold without establishing its freedom to operate. Depending on how you use the motor and other design aspects of the product, you might infringe on other patents.

Answer 3

If your invention directly depends on a patented technology then whoever uses this patent will need to pay the license fees. (A research prototype built for your own private use will most likely be exempt, but this will obviously depend on the license and in which jurisdiction you are, etc.)

If there ever was a patent on "the" electrical motor, it will long since have expired. If your invention depends on a particular currently patented feature of electrical motors, then you obviously need to provide enough information that somebody who tries to use your patent will be able to implement it properly, where "properly" includes legal and licensing obligations.

As an inventor and patent author, you are reasoning about possible uses for somebody else's invention, not directly using it. If you can find a novel application for their invention and successfully file a new patent, your patent will help the original inventor as well; anybody who pays you license fees will be paying them, too.