3

If they use your patented invention, they need to obtain a license from you. If you want to use their improvement, you would need to obtain a license from them.


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

No, There is no requirement for a company to make public what patents they have licensed or even what patents are assigned to them. Marking a product with a patent number is optional and provides some enhanced enforcement options to the benefit of the manufacturer. There has been discussion that the ownership of patents should be more transparent. The USPTO ...


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

Once you own a patent, you own the right to stop whomever you'd like from practicing what it describes. It's yours as much as your car or computer is, for its term. As such, no, there's no real maximum that someone could charge. Of course, as is the case with capitalism, there may be limits on what people will pay, but that's the biggest consideration. As ...


2

There is no central database that lists licensing rights. Since those are private contracts between parties, there is no obligation to make the knowledge public, and many times it is deliberately confidential. You can search SEC (or foreign equivalent) filings, Press Releases, and markings on a product in a catalog, but it will only be made public if there's ...


2

It is common in patents to find a new way to solve an old problem. I have no specific knowledge in chain lubrication techniques so I can't comment on whether this patent is novel. However, looking at the patent, there are ten patent citations reviewed by the examiner dating back to 1904. The examiner must have found the specific implementation as described ...


2

Essentially you would be giving away very narrow licenses. This would only "weaken" your patent inside the scope of these licenses. But another point to consider is that you will be creating prior art for further improvements which you might not be able to patent afterwards. And people might copy your invention for personal use even though infringing your ...


2

A patent license is a contract between two parties, a licensor who owns a patent right and a licensee who wants to practice what the patent claims. If the licensee is a business, it is possible but would be uncommon to pay for a license without knowing what patents it covers. Contracts with businesses are not usually published, so it would be uncommon for ...


1

A patent, like anything else that is to be sold is only worth what someone else is willing to pay for it. A patent on a drug that sells a billion dollars of product a year is worth a lot. A patent on a slight improvement on a niche product might have little value. You have to analyze the economic value of the product stream enabled by the patent to ...


1

I'm assuming what you mean by states are states within the United States. Patents have jurisdiction in a specific country not specific states. A US patent covers all of the United States. Even if there is no patent in your country for an existing product, the fact that it exists in public anywhere else means it constitutes prior art and would preclude it ...


1

This method exhaustion issue was the subject of a SCOTUS case Quanta v LG. It is covered by in Wikipedia. Patent claims covered both a cache control chip as an item and methods that the use of the chip caused to occur. The court ruled that having given a license to the thing, the rights were exhausted and they couldn't stop the method from being carried out ...


1

Royalty payments, to my understanding, are negotiated and memorialized in a contract between the parties, often without one party bringing a lawsuit. Alternately if one wanted to enforce his or her patent retrospective royalties may either be a) agreed to in a settlement of a judicial proceeding or b) adjudicated as damages by a judge. Just as Maca said ...


1

In a case: 286 F. 3d 1326 - In Re John Kollar it was established that licensing the rights to a patent was not the same as selling a patented item. However, the issue was triggering of the "on sale" bar. The laws and regulation regarding "export regulations" are about exporting from the U.S. A technology transfer, patented or not from the U.S. is subject to ...


1

I'm not an expert in medicinal plants, so I'll address your second question about how patents generate money. First, for companies that actually make and sell things, patents are valuable in that they protect the company from competition. If you can prevent competitors, presumably you can sell more product, possibly at a higher price. Patent holders can also ...


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

Standard answer: Ask your attorney! My personal view: a design patent is valuable because (1) it is cheaper and requires no maintenance fee, (2) it is issued quicker than an utility patent, (3) any patent is better than none, and (4) you get to use "patented" text on your product. A design patent is also valuable because, surprisingly, many Ch***** copycats ...


1

Here is a generic process for checking. Note that there is some residual risk that data has not been entered correctly or that they filed a parallel application on the same date rather than a related application. Before taking big risks you should have a patent attorney augment your initial search. Step 1 -- go to patents.google.com Step 2 -- enter the ...


1

Most likely, unless someone else has already disclosed this combination or the combination is an obvious one. But be warned, you must be able to acquire those four patented products to make your product, and your patent doesn't excuse you from needing to acquire a license in some manner for those four components, either by buying the supplies from a ...


1

This patent likely expired on June 3, 2008, according to the USPTO patent term calculator. You can calculate patent term using the USPTO's patent term calculator available at: https://www.uspto.gov/patent/laws-and-regulations/patent-term-calculator#heading-1 There are foreign counterparts that may still be in force as I didn't look at them, damages for ...


1

Correct inventorship is critical to the validity of a patent. Fenwick & West have a nice explanation of this: Correct Inventorship. There is a body of case law about actions to include legitimate inventors who were not listed as such, in which the new inventor acquires independent right to license the patent. Similarly there is case law about ...


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

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

Unpaid maintenance fees expire the patent I believe. http://www.uspto.gov/web/offices/pac/mpep/s2501.html "Unless payment of the applicable maintenance fee is received in the United States Patent and Trademark Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent will expire as of the end of such grace ...


1

Unless it has a specific copyright notice, patent images are in the public domain. See Are text and images in the patent copyrighted?


1

Can I file that patent? Query answer is subjective in nature, You have to check if combination of known elements yields more than just predictable results. In other words if your solution to new problem was achieveable by prior art. As per MPEP:2143 Examples of Basic Requirements of a Prima Facie Case of Obviousness Exemplary rationales that may ...


1

Patents give the owner the right to exclude others from making, selling, importing and using the patented technology within the country that granted the patent. If the patents are U.S. patents they have no force outside the U.S. If you will only use the technology in Europe you may not need to worry about the U.S. patents at all. In general if you buy a ...


1

First, you should be aware that a Patent Cooperation Treaty (PCT) application published by the World Intellectual Property Organization (WIPO) is not an issued patent. It is really only a vehicle for preserving the right to pursue patent protection in PCT "contracting states" by later entering the national/regional phase (i.e., filing a national stage ...


1

This is a PCT (international) application. I am assuming you found this on google patents. Unlike for U.S. patent documents, they do not show the drawings or provide a button to download a PDF. However you will see links to get to this document on Patentscope, the WPIO search site. The summary shows a drawing but to see them all you need to go to the ...


Only top voted, non community-wiki answers of a minimum length are eligible