• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Basic patent question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

patentnewb

Junior Member
What is the name of your state? GA

Here's a question on a pretty basic scenario which still confuses me:

Let's say a system is patented, and the 1st claim in the patent states that the system is comprised of:

1. component A
2. component B
3. component C which uses A to do action Y
4. component C also uses A to generate a particular effect Z by doing action X.

If I created a system (for a different goal) which has 1, 2 and 3, but not 4, am I still infringing? Thanks.
 


divgradcurl

Senior Member
What is the name of your state? GA

Here's a question on a pretty basic scenario which still confuses me:

Let's say a system is patented, and the 1st claim in the patent states that the system is comprised of:

1. component A
2. component B
3. component C which uses A to do action Y
4. component C also uses A to generate a particular effect Z by doing action X.

If I created a system (for a different goal) which has 1, 2 and 3, but not 4, am I still infringing? Thanks.

You have to be practicing all of the claim elements of a claim (or their equivalents) in order to be found to be infringing. Also, you would need to ensure that there is not a separate patent that claims 1, 2, and 3 without 4 -- you could be infringing on that patent.
 

DESTUDENT

Junior Member
My Ideal!!!!!!!!!!

I have an ideal that I would like to patent, should I mail the ideal back to myself 1st before I have the funds to get it patented and what type of patent would I need to file for if my ideal uses components already invented (example: motion detector, voice activation, etc.)?
Thanks very much, all replies are greatly appreciated.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top