6
votes
How to build software if you're unaware of which parts can contain potential patent infringements
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 ...
- 1,753
5
votes
How to build software if you're unaware of which parts can contain potential patent infringements
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 ...
- 324
5
votes
Is it legal to sell patented product in another country?
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 ...
- 167
3
votes
If you improve on a design do you still need to ask permission/pay royalties?
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 ...
- 1,139
3
votes
How to build software if you're unaware of which parts can contain potential patent infringements
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 ...
- 171
2
votes
How to build software if you're unaware of which parts can contain potential patent infringements
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 ...
- 543
2
votes
new use for a known patented invention
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 ...
- 613
2
votes
How can an academic lab explore RPA?
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 ...
- 21
2
votes
Accepted
How can I determine whether my product infringes this patent?
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. ...
- 10.1k
2
votes
Accepted
How can I estimate the level of freedom to operate?
To infringe on a patent you must implement each and every step in at least one claim. So, in the scenario provided, if a claim includes a specific material and you don't use that material, you don't ...
- 10.1k
2
votes
Accepted
Possible patent infringement and freedom to operate
It has been issued in the US as Suggested functions for formulas in spreadsheets US 11227106B2 but is still pending in Europe.
So far this is an application in the EPO, not a granted patent. The ...
- 27.8k
1
vote
Accepted
Machine learning patent for training models on a GPU
The specific patent EP3129870B1 claims a specific architecture for processing using GPUs. It is limited to what is covered by the claims and by no means covers all applications of machine learning ...
- 10.1k
1
vote
Is it possible to have the total freedom to operate for a method patent?
As we used to say "Do you walk to school or do you carry your lunch?"
The question is a non-sequitur. Being granted a patent has absolutely nothing to do with your freedom to operate. Your ...
- 27.8k
1
vote
Same usecase, different method - is this infringement?
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. ...
- 27.8k
1
vote
Would this patent prevent a patent of the same type of product made from a different material? Would that be considered a variation of this patent?
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 ...
- 10.1k
1
vote
Accepted
Acquiring freedom to operate
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 ...
- 10.1k
1
vote
If I modify device which I bought for use in my company will that be infringement?
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.
...
- 576
1
vote
Can a similar product be made?
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 ...
- 469
1
vote
Parallel neural networks
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 ...
- 1,753
1
vote
If you improve on a design do you still need to ask permission/pay royalties?
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 ...
- 11
1
vote
Patent enforcement
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 ...
- 27.8k
1
vote
Is this design patent enforcable?
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 ...
- 2,083
1
vote
IP blocking or user info blocking
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.
...
- 126
1
vote
Selling products in the United Kingdom despite a US Patent but no EU Patent
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!
1
vote
Can I sell beauty berry extract or essential oil or create a repellant if the isolate (callicarpenal) of a plant has been patented?
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 ...
- 1,753
1
vote
Is it true that a USPTO patent not safe from European companies?
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 ...
- 171
Only top scored, non community-wiki answers of a minimum length are eligible
Related Tags
freedom-to-operate × 30patent-infringement × 17
international × 5
licensing × 5
software × 3
law × 3
design-patent × 3
patentability × 2
prior-art × 1
prior-art-request × 1 patent-applications × 1
pre-grant × 1
uspto × 1
pct × 1
usa × 1
novelty × 1
copyright × 1
design × 1
utility × 1
apple × 1
us × 1
method × 1
google × 1
invention × 1
research × 1