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In reference to the patent: US20060085888

Would an automated method or system to modulate and control the temperature of the garment which is based on input from the person wearing the garment infringe this patent? Would this be a new utility patent citing this patent?

Thanks

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  • It depends, IF this application gets granted and your method literally does what it says in the claim, then it would infringe the patent, if one of those doesn't happen, it won't.
    – user18033
    Jan 26, 2017 at 18:11

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This is an application and not yet a patent. The claims are likely to change between now and when a patent is approved (if at all). Indeed, searching on this application on the US Public Pair site indicates that the application has been abandoned. I'm not sure whether it can be resurrected. It is useful to review the documents found at US Public Pair as you can see what the examiner cited against the application. Understand there may be other patents and applications that are relevant other than this one you would have to consider before you can assess the patentability of a new invention.

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  • @cdoubek You can wait for other possible answers, but once you do, it would be great, if one of them suits you, to accept it.
    – Eric S
    Jan 26, 2017 at 22:56
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The patent system intentionally includes and encourages the possibility of obtaining patents for inventions comprised of "new and useful" improvements upon existing inventions, previously patented or not. 35 USC § 101. Were the underlying invention still patented in your country, an implementation of the improvement may necessitate licensing from the owners of the underlying patent, regardless of whether the improvement is, itself, patentable.

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