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An independent claim will always encompass all of its dependent claims. That means that something infringing a dependent claim will always infringe the independent claim too. A dependent claim is just a narrow version of the independent claim. So let's imagine you would invalidate a dependent claim, e.g. a+b+c. Then your abc would still infringe the ...


4

If I understand your question, you had an invention and showed it to two different patent attorneys who each offered to patent it and take it to market and give you 15% percent or more of the profits. Patent attorney do not offer to take over peoples' inventions and pay them a royalty. It is against the code of ethics and, no matter how significant an ...


4

Of course there's a way to pledge certain of your rights in the patent to other parties. Also note that how you pledge your rights to other parties is completely separate from obtaining the patent, patent quality, etc. Take a look at how other companies have pledged certain rights to the patents: IBM: IBM Statement of Non-Assertion of Named Patents ...


3

Unless you are doing all of the steps of a claim you are not infringing it. Claim 1 of US8568309 requires putting voltage through a test strip, and getting readings from 3-axis accelerometers to determine the person's activity level, and sending this all off by a GPRS radio, and at least two other steps. If you are just measuring blood glucose values the way ...


3

It is a good practice to include multiple independent claims of varying type (system, method, means etc) in a patent application. One should not restrict the invention by claiming it in only one form. It is advisable to claim an invention in multiple forms in order to ensure the broadest possible protection. To determine infringement of a patent by a ...


3

You can't infringe a dependent claim without also infringing the independent claim (at least I haven't seen any case where it happened, since dependent claims are subsets of the independent claim). You can infringe an independent claim without infringing a dependant claim. So using your example (and changing "a device as claimed in claim 1" to "the device ...


3

I am an attorney (though this is not my specialty). But yes, you can be sued for patent infringement if you are renting the product out. The key is that you are earning money (or better said, depriving the patent owner of making money). It helps to think of it like, "am I possibly taking money out of their pocket? If yes, it's probably patent infringement." ...


2

This does not have to do with the exhaustion doctrine (it allows reselling) or the equivalents doctrine (if A is equivalent to B and A is patented, basically B gets protected too). So the question as I get it is, do I infringe a patent if I sell a product directed at infringing patents? The answer is, yes, if that's it's only use. See for example here: ...


2

If the application is rejected, the claims are likely deemed not patent eligible which means others can use them, but not patent them. (Even if the rejection is based on some other factor, the designs are now in the public sphere, and thus no longer patent eligible.) If the decision regarding the grant is still pending, the designs are protected in the ...


2

A full answer to the particular case will likely require a contract lawyer. In general, there is an implied warranty under UCC §2-312: Unless otherwise agreed* a seller that is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like. ...


2

The lawsuit is closed, see here: https://search.rpxcorp.com/lit/ohndce-172530-ourpet-s-company-v-kong-company There was a joint motion to dismiss from all parties, so apparently it was settled. The documents can be accessed through PACER (thats the US courts system to access public court documents). However, it costs 0,1 dollars per page (max. $3 per ...


2

You need to search for the patent application to understand what is being patented. Applications don't publish until 18 months after filing so it may or may not yet be available. You can search at patents.google.com. One thing to remember is the claims in an application are very often much broader than the resulting patent. My guess (and I'm not a lawyer) ...


2

Patent US3516422 likely expired in 1987. Anyone can practice exactly what is disclosed in that patent. However, there is no guarantee there aren't other more recent patents that also may relate to a product. As you found there is a patent application US20160206031. This is an application, not yet a patent. It may or may not ever become a patent and even if ...


2

B will invalidate A's patent with the indian patent as prior art because a priority claim can be made only for 12 months so the US application can't claim priority to the indian application and therefore has 2005 as the filing date. B could also invalidate A's patent by proving that they had the product in public use prior to the filing date of the patent. ...


2

Are such broad claims invalid when an unenabled/non-writtenly-described embodiment is identified? Yes. The written description requirements in the US and EPO require that the invention must be enabled or sufficient described (respectively) across the whole of its scope. The USPTO sets this out reasonably clearly at MPEP § 2164.02: For a claimed genus, ...


2

In the US case, I would also like to add that reverse doctrine of equivalents (DOE) may apply as implicit claim scope limitation. Reverse DOE essentially says literally infringing structure may not infringe if it does not satisfy all of the traditional function-way-result requirements. E.g., see the wikipedia article. This would apply to the previous ...


2

Do disparaged embodiments lack claim support? Probably. I will preface this by saying that, much to my frustration, I could not find a case on all-fours with what you are proposing. It could well a novel situation1. But there are two well-established principles that are related: claims are interpreted to exclude disparaged subject matter, and claims ...


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 ...


2

I am not a lawyer so this answer isn't based on direct legal knowledge. That said, I would be very surprised if the patent owner couldn't successfully sue anyone using the patented technology whether or not it is sold or rented. There is a research exemption, but that has nothing to do with renting vs. selling a patented technology. So to be explicit: If ...


1

While you may lose the right for patent protection of your designs if a patent is not granted, you may still have some protection under copyright law for the appearance of the designs. Copyright protection occurs upon the creation of an original work to the extent that the work falls within copyrightable subject matter. Publication will not affect the ...


1

By publishing them your designs lose novelty and cannot be protected anymore, unless you can claim priority to the pct application. I am not sure if that is possible, especially after so much time, but you could ask a patent attorney or try to find out another way. Claiming priority is the relevant search term. For the next time, this should not happen. It ...


1

What you are describing is essentially the difference between two philosophies of patent claiming: an Anglo-Saxon one and a Germanic one. More formally, there are two styles of claims: one-part form (the usual form in the US and UK-derived jurisdictions); and two-part form (the usual form in Europe). Two-part form Two-part form (also called German-...


1

It's a PCT application that never entered national phase and is therefore expired.


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First, let me remind you of the great saying: "Nothing personal, it's business" - in this respect I suggest take a proper license or assignment from the patent owner. Second, and more importantly, it is the responsibility of the patent owner to catch the thieves and place them before the authorities - if you have no legal standing vis-a-vis the said patent ...


1

The claim language is ambiguous, and the patent examiner might object and ask the patent applicant to reword the claim language. In a realistic case, the claim would involve multiple steps. Let's say it has step A-H, and step G involves multiple proposals. Most of the steps would be generic and non-inventive, while only one or a few steps would be inventive....


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The essence of the patent law is to promote technological development by encouraging inventors to disclose their invention (rather than keep as trade secret) in return for exclusivity for their invention for a certain time. The law requires that patents "teach" the public about the invention and disclose sufficient details of the preferred embodiment so that ...


1

You should first purchase one infringing item, review the claims of your patent, and review if the product indeed infringe on your patent. It's important because you may find the claims in the actual granted patent were too narrow, or the competitor had circumvented your patent claims. You should also at least get the attorney/agent that drafted your patent ...


1

Matthew Haugen is right. You need to contact an attorney in this case.


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Talk with a patent attorney before you even consider insurance like this. More likely than not, it's completely unnecessary and a waste of important capital that could be used in better places. If infringement is a legitimate and real concern there are likely better (and cheaper) ways to handle it than getting insurance. For example, work with a patent ...


1

"Virtually no small businesses in this sphere"? There are thousands of small software startups. A site I just googled that lists jobs in software startups showed 2000 openings. You can incorporate, you can buy patent insurance and they can't really take your wife and kids. The GAO put out a report this week on the impact of patent litigation that has data ...


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