0

I wish to produce a replacement control board which is designed to fit directly in to a patented handheld machine control pendant. The new circuit board will replace a membrane switch control board with a toggle switch control board and will drop right in to the existing patented control pendant. The new board will interface with existing enclosure and wiring harness of the original control to produce a similar but slightly different output. The difference in the output created has no dollar value as it is basically just and old way of doing things. Is this allowed?

  • 1
    If you could reference the actual patent or patents covering the product, we might be able provide a more specific answer. – Eric Shain Jun 11 at 14:10
1

As you have not provided the target country I assume, your intention is to supply replacement part of an patented invention in USA and the statute that controls the evaluation of infringement in this scenario is 35 USC 271 (c) which is quoted for your ready reference.

35 USC 271 (c)Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer.

The difference in the output created has no dollar value as it is basically just and old way of doing things. Is this allowed?

No, Based on the information provided i.e., The new circuit board will replace a membrane switch control board with a toggle switch control board and will drop right in to the existing patented control pendant would be infringing the patent as long as the switch control is claimed in any valid claim.

Please read all the claims of the patent and compare it to the proposed device, consult an attorney as they would be in a better position to provide opinion.

  • You might want to bold the phrase "as long as the switch control is claimed in any valid claim". There is nothing new or novel about typical membrane switches. Also, the OP specifies that toggle switches are being substituted for membrane switches. – Eric Shain Jun 11 at 14:09
  • Thanks for your input. The current control board has US pat 6,253,470. the most recent versions of the control may have a newer patent but I am not sure. How is it that aftermarket manufacturers can make something like a replacement automotive sensor or power window switch without issue. My idea seems very similar. A replacement part who's purpose is to replace a failed component using my own strategy to achieve the same result. – Paul Dee Jun 11 at 15:33
  • @PaulDee US6,253,470 has expired and is no longer in force. You shouldn't have to worry about that patent. If there are newer patents then you need to consider them too. – Eric Shain Jun 11 at 22:47

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.