Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Mariem on May 24, 2021, 11:19:39 AM

Title: Use of a part of a competitor patent claim
Post by: Mariem on May 24, 2021, 11:19:39 AM
If one patent claim is composed of multiple technical details, can I use one of those details (not the whole claim, just a part of it) in my patent application, knowing that both are in the same business field (I am referring to my competito patent)?

If no, can I use the technical detail by adding other different technical details (related to my invention) to it?

PS: Please note that I am talking about a part of a patent CLAIM, not of a part of a whole patent application.

Thank you.

Title: Re: Use of a part of a competitor patent claim
Post by: Brad on May 24, 2021, 03:58:00 PM
This type of question cannot be answered properly over the internet

The type of advice you are looking for is called a "freedom to operate opinion" or sometimes called a "clearance opinion".  They can be quite expensive as attorneys and law firms take on a lot of risk and liability telling you that you are free and clear to do something, if they are wrong, they could be in a lot of trouble.   

In general, in order to violate a claim you would have to copy every limitation in that claim. 

Adding in extra features to your product would not help.


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