patent infringement...

[discojo]

What is the name of your state? NM....but this is not limited to my state.

After a bit of research, I found that what is being protected are the 'claims', not just the detailed information, correct?

To be guilty of infringement, would a product have to include all of the claims? Just one?

The reason I ask is there is a patent issued on something that, as I understand it, has been around a long time. Many people make this item (its mostly a work at home mom type of thing), but not all have a license from the owner. And I'm wondering just how many really need a license. The way the item is put together can vary - materials used, pattern, closures (velcro vs snaps), placement of said closures, etc.

Is it ok to post the patent number so that someone can help me understand what exactly would be considered infringment?

Thanks!

 

[divgradcurl]

After a bit of research, I found that what is being protected are the 'claims', not just the detailed information, correct?

Well, generally the "detailed information" simply "informs" the claims -- if something isn't clear in the claims, you look to the specification (the "detailed information") to figure out what the claims mean. The claims generally are not limited to any particular "embodiment" described in the specification, and there may be stuff in the specification that is outside the scope fo the invention or is not, on its own, patentable.

To be guilty of infringement, would a product have to include all of the claims? Just one?

Infinging all parts of a single independent claim (or an independent claim + a single dependent claims) is sufficient to find infringement. But you have to be infringing all of the parts of the particular claim -- if a claim has, for example, 6 parts, but you only do 5, you are not infringing.

The way the item is put together can vary - materials used, pattern, closures (velcro vs snaps), placement of said closures, etc.

Well, as I noted above, the claims are generally not limited to a specific example or embodiment described in the specification -- the claims oftentimes can be pretty broad.

Is it ok to post the patent number so that someone can help me understand what exactly would be considered infringment?

Well, you can post the patent number, but don't expect anyone to be able to determine what is or is not infringing. For one thing, if someone were to give you such an opinion, that would be giving legal advice, and that can be problematic without an attorney-client relationship. Second, and more importantly, wshat the patent says is only important in the context of what YOU are trying to do -- in other words, an attorney would not only need to have the patent, but would have to know quite a lot about your particular application in order to provide a meaningful opinion.

If you are really concerned about this, you should seek advice from a patent attorney who can review both the patent and ALL of the facts of your particular situation. Check here to find a patent attorney in your area: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html

 

[discojo]

Well, you can post the patent number, but don't expect anyone to be able to determine what is or is not infringing. For one thing, if someone were to give you such an opinion, that would be giving legal advice, and that can be problematic without an attorney-client relationship. Second, and more importantly, wshat the patent says is only important in the context of what YOU are trying to do -- in other words, an attorney would not only need to have the patent, but would have to know quite a lot about your particular application in order to provide a meaningful opinion.

Thanks for the information, it was very helpful

But I just wanted to mention that I was just going for general information really. I don't produce anything myself - I just know that there are a lot of work at home moms producing this patented item and I'm wondering if it really is necessary that they ALL have a license. Thanks for the info