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User Panel
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Posted: 4/4/2015 9:13:29 PM EDT
[#1]
If you patent an invention that depends on another patented invention, and you want to use the other patent, I suppose that you could attempt to license its use, just as anybody else who wants to use it might do.
(I am not a lawyer - twenty years ago I passed the USPTO patent bar exam, but I do not work professionally in the patent field.) |
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Posted: 4/5/2015 5:16:27 AM EDT
[#2]
IP Law?
Fuck that noise. 
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Posted: 4/6/2015 10:41:56 AM EDT
[#3]
Quoted:
Inquiring minds must know. Your question does not make any sense. A patent describes an invention. The claims of your invention, if they depend upon another patent's claims, are still patentable. You just can't practice your patent without a license of the senior patent. |
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Posted: 4/6/2015 9:19:09 PM EDT
[#4]
You license the previous work.
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Posted: 4/6/2015 11:57:11 PM EDT
[#5]
You describe it as background technology your patent application. But that wasn't the question you were asking, was it?
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Posted: 4/8/2015 4:47:46 PM EDT
[#6]
Quote HistoryQuoted:
You describe it as background technology your patent application. But that wasn't the question you were asking, was it? Does nothing to create a license. You PAY to get a license. It will limit the value of the patent you obtain. |
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Posted: 4/8/2015 9:56:55 PM EDT
[#7]
Quote HistoryQuoted:
Does nothing to create a license. You PAY to get a license. It will limit the value of the patent you obtain. Quote HistoryQuoted:
Does nothing to create a license. You PAY to get a license. It will limit the value of the patent you obtain.
OP didn't ask about a license, or a product; OP asked about "another patent." MPEP 608.01(c) MPEP 608.01(c) Background of the Invention
The Background of the Invention may include the following parts: (1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions. The statement should be directed to the subject matter of the claimed invention. (2) Description of the related art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A paragraph(s) describing to the extent practical the state of the prior art or other information disclosed known to the applicant, including references to specific prior art or other information where appropriate. Where applicable, the problems involved in the prior art or other information disclosed which are solved by the applicant’s invention should be indicated. See also MPEP § 608.01(a), § 608.01(p) and § 707.05(b). Had OP asked: "How do I use a patented product in another product?" -- "Get a license." could be a possible answer. Invalidate the patent through the reexamination process would be another possibility. A third option would be consult with your patent attorney to determine if the claims in the patent actually read on the product you want to make/use/sell. I suspect OP will never reappear and we'll never know the rest of the story. |
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