🚀 go-pugleaf

In <1991May17.144807.29903@hellgate.utah.edu> hollaar%basset.utah.edu@cs.utah.edu (Lee Hollaar) writes:

>To know whether something infringes a patent, you have to read the claims
>in the patent.  The claims can be much broader than the invention that the
>patent is to protect.  This is particularly true for pioneering inventions.

>When reading the claims, you see if each element of the invention recited
>in the claim is present in your invention.  If all elements are present,
>then you infringe the patent.  If just one element of the claim is not
>present, then there is no infringement.  If your invention contains things
>not present in the patent claim, and the claim describes the invention as
>"comprising" the elements, then you still infringe.  If you have an element
>that is similar to, but not exactly like, one in the claim, you may still
>be infringing under the "doctrine of equivalence."

My understanding is that, if the any element of the claim is "prior art", then
that claim is invalid, (but you have to go to court to prove it).

>The penalties for infringement can be stiff, and they are even worse for
>intentional infringement (which would probably be the case here because of
>the warning letter).  The Court of Appeals for the Federal Circuit, which
>handles all patent infringement appeals, has made it almost impossible to
>be an innocent infringer of a valid patent that you know exists.  And it's
>not just the person who distributes the program, but anybody who makes, uses,
>or sells the patented invention within the United States.

Another message in a related thread stated (quoting actual patent law) that only
using or selling is an infringement -- making a patented invention is not
infringement.

>Don't depend on information from people on the net who might not understand
>patent law.  See a good patent attorney or patent agent.

Agreed.
--
a_rubin@dsg4.dse.beckman.com  
My opinions are my own, and do not represent those of my employer.