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What you are looking for is Freedom-to-Operate. There are quite a few articles written on this subject, and most of them deal with the inherent difficulty you describe. I've stitched together some excerpts from those articles, hopefully into a coherent meta-article: Crouch, D. Facilitating Freedom-to-Operate Searches. Patently-O. September 17, 2010. A ...


5

Yes, you can sell patented inventions in other countries. You just can't manufacture, import, distribute, or sell patented products in countries where the invention is patented. If the patent owner catches you doing any of those 4 deeds, the patent owner can get an injunction to stop you and sue you for lost profits. In some countries, the owner can sue you ...


5

I concur with vallismortis's answer, but here are my views since I am a software / firmware developer too. What I have learnt over the years is not to go out looking for in your words "possible patent infringements" that "are buried in these hundred thousands lines of code." (search for "willful infringement" to understand my practice). Here are three ...


3

A patent grants you a negative right. That is, it gives you the ability to stop other people from doing something, not to do it yourself. There are a few times when that's relevant, like if you invent a new way of unlocking car doors, you aren't then allowed to steal cars, or as in your case, if you invent something that improves on something else, you aren'...


3

As starter, you can not avoid the risk of infringing a patent without checking any "innovation" potential. You might go over some "old" patents to find what is available. You might also look at some prior art. You may also try to patent your idea by creating an independent claim that uses part of potential infringement. To be safe you might need to confine ...


2

Further to this, experimental use of patented inventions does not generally constitute infringement under the doctrine of experimental use. It is part of the quid pro quo bargain of patent systems.


2

Nobody can stop you from playing with Graphene-- it is in your pencil. Graphene wasn't invented, it was discovered. Means of producing graphene (such as in sheets) and ways to use it are being patented. So you can do experiments on it and ways to produce it. If you want to develop and commercialize your own way to produce or use it, then you need to ...


2

It the claim states media device - no. But in the case of the iPod, there are probably other rights protecting aspects of the design (trademarks, copyrights).


2

If your invention would be infringing on that other patent, then yes, you would have to obtain the rights or license from the patent owner to build or sell your invention. All a patent does is give you the rights to "exclude others from making, using, offering for sale, selling or importing [your] invention." But a patent does not guarantee you the right ...


2

I would assume that applications like you mentioned would be rejected by USPTO or, if a patent granted, challenged in court. In particular US 2008/0059492 A1 you mentioned is an application, not a grant. I believe it won’t be granted because according to USPTO it describes an “abstract idea”.


2

I'm a scientist at Twist. The easiest way to access RPA is to buy a kit. It's quite involved to make the reactions from scratch so it's not trivial to DIY. There are lots of proteins, not all of which are commercially available individually (and certainly not economically). The terms of supply are available online, but Section 6.4 is the relevant one, ...


2

What you are asking about is called freedom to operate. Freedom to operate is a challenging question to answer. Even the best legal opinion might not matter if you get before a jury of lay people. That said, what you need to focus on when evaluating a patent is what is described in the claims. It is pretty routine to find a patent where the specification ...


2

A method claim in an issued patent is structured as a series of steps or actions. An infringement analysis looks to see if your product takes each and every one of those steps - on a per claim basis. The doctrine of equivalents is not given much use/weight these days but if it was used in an infringement analysis it would be a comparison of one or more ...


1

The cited patent has expired. Thus, it does not inhibit you from making a product as specified in its claims. Whether you can obtain a patent for the same device with a different material is harder to assess. The challenge is obviousness. Would someone knowledgeable in the field think it an obvious substitution? My guess is that if you are simply changing ...


1

The first thing you need to do is consult with an attorney with respect to freedom to operate. Only after you fully understand where you stand with respect to the prior art can you consider potential licensing. Very often people misread claims as being broader than they really are. In general the longer and more detailed a claim is, the narrower the coverage....


1

The act that the manufacturer offered something to sell would imply that you are free to use it. It would be strange for a manufacturer to sue you for using the product, wouldn't it? So you are safe. Let's suppose that you developed and "manufactured" the item yourself, the patent owner would have no claim against you. The purpose of patent law to to ...


1

A design patent such as this one protects an ornamental design; or, roughly speaking, what something looks like. It is the entire design, not just one part of it, that matters. A product that looks like what is shown in the design patent's drawings might infringe. It is hard to answer any more precisely than that without knowing what the "similar product" ...


1

If the application is granted, then it may be enforced against any software developed since the priority date (December 24, 2012). If the methods you are implementing were publicly disclosed by anyone not listed as an inventor on the application before that priority date, then you have freedom to operate. If the method you are implementing is more recent ...


1

The answer to your question is no (for permission) and no (for paying royalties), explained as follows: You do not need permission since there is no law that prevents the practice of the patent. A patent is a right granted by the government to a person or legal entity such as a corporation. The patent provides the patent owner the ‘right to exclude’ others ...


1

In order to be allowed, the broader claims must be supported by the disclosure of the original application, and be novel and non-obvious in light of art prior to the original application's priority date. If that is not the case, and the inventor is relying on a new specification to support the new claims, it is possible that those new claims read on the ...


1

With small exceptions, infringing a U.S. patent requires infringement within the US. An infringement could include making, selling, offering for sale, using and importing. Anyone can make a US patented item outside of the US and sell it outside the US without infringing the US patent. It doesn't matter one way or the other that a company is registered, ...


1

First, make sure you are absolutely sure that infringement is present. The patent(s) must be issued and still enforceable and the product must include all elements of at least one of the claims. Moreover, consider where all the claimed (patented) steps are taking place. For example, if the server is in a jurisdiction without patent protection, then use of ...


1

More explicitly you can sell in UK provided you manufacture the product in any country (including UK) where there is no patent protection. You cannot make in US for sale to UK!


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Looking in the USPTO Public Pair database, this patent application was abandoned on August 31, 2010, which means the claims and specification are now in the Public Domain and you are free to use their method (in the United States). Keep in mind that there was also a WIPO patent application filed. I have not investigated that application, but it does not look ...


1

If you are not filing in other places, then your patent is not protected in those countries, which means that they will be able to produce products there and sell them in all other places where your patent was not filed. If you file in the US only, you will be protected in the US, European companies will not be allowed to sell here. You will be able to sell ...


1

Opinon based answer. Patent could be enforced if Pith and Marrow of the design is same, consider example of Apple vs Samsung. phone layout was same. if improvements doesnot contributes to new features on design primary features patented earlier than YES its high chance that company will enforce patent.


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A. Yes, it is possible. Your patent counsel might provide an opinion of noninfringement or invalidity, leaving you with a clear mind and a defense to willful infringement. B. If you cite a patent, then you are presumably on notice of it and this could be used as evidence that any infringememt was willful. You have a duty of disclosure before the Patent ...


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