It just might be cdex could stop ASD, because they have a improved widget...Author Topic: Improvement Patent Claims Basic Patent Infringe (Read 151 times)
TechnoNerd
Newbie
Posts: 3
Improvement Patent Claims Basic Patent Infringe
« on: Feb 18th, 2006, 2:59pm » Quote Modify
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Hello -- I just joined this forum, and I have an interesting question. We have a license to basic patent a. Another company got an improvement patent that calls out patent a as prior art. We received a letter from holder of improvement patent licensee that our basic patent was infringing their improvement patent. They said their patent was more specific and not broad in claims like patent a. Can thier possibly be a scenario where a improvement patent holder can claim infringement by the basic patent holder?
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Isaac
Senior Member
Posts: 1787
Re: Improvement Patent Claims Basic Patent Infring
« Reply #1 on: Feb 18th, 2006, 5:54pm » Quote Modify
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It is certainly possible.
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Isaac
Wiscagent
Full Member
Posts: 347
Re: Improvement Patent Claims Basic Patent Infring
« Reply #2 on: Feb 18th, 2006, 6:36pm » Quote Modify
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Techno asked if there can be a scenario where an improvement patent holder can claim infrigement by the basic patent holder. As Isaac wrote, it is possible. Here's such a scenario:
- Abe has rights to a patent for a basic widget.
- Ben has a patent for an improved widget.
- Abe starts to manufacture an improved widget as claimed in Ben's patent.
The fact that Abe's patent broadly claims all widgets does not protect Abe from infringing Ben's patent.
Richard Tanzer
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TechnoNerd
Newbie
Posts: 3
Re: Improvement Patent Claims Basic Patent Infring
« Reply #3 on: Feb 19th, 2006, 1:18pm » Quote Modify
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Ok -- let me be more specific. We have a utility patent. We use chemical A, B and C in using our patent. Chemical A is a class or group of chemicals. The improvement patent holder got a patent for deleting chemicals B & C, and stating a very specific blend for chemical A. While the improvement patent holder was filing for his patent, we switched to the specific blend in his patent, without any knowledge of his patent application. We still use chemicals B & C along with chemical A. He claims our use of chemical A infringes his improvement patent. We stated that our mix of chemical A is covered under the description of our patent. He claims it is too broad and not valid then. The patent office called out our patent as prior art while granting his patent. We haven't changed how we practiced our patent and he claims his patent made our patent invalid because it was too broad. I told him nicely that he was full of it, and that if he felt our patent was too broad, just his opinion was not the true test. We feel that we are in a position of strength here cause our patent pre-dated his. Also, if his patent was so novel -- why did we come up with it without seeing his. Also, our Chemical A description says that "one skilled in the art of ... may choose chemicals from this class." I told him we were skilled and we chose the same as him -- interestd in opinions -- sounds like I need to see a lawyer!
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Isaac
Senior Member
Posts: 1787
Re: Improvement Patent Claims Basic Patent Infring
« Reply #4 on: Feb 19th, 2006, 1:25pm » Quote Modify
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Your patent cannot be invalidated by his patent, but a patent does not grant rights to make anything. Instead a patent is the right to stop others from making something.
I'd recommend getting some specific advice as to whether you are infringing the competitor's patent and if you are infringing, whether the relevant claims of the competitor's patent are valid. There is no way to resolve that issue in this forum.
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Isaac
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