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Patent Questions and Advice / Re: Does including a patent as a reference imply protection?
« on: February 04, 2023, 01:12:38 PM »
Unfortuently you cannot get that from the patent office. If your patent cites old_patent_123 and then your patent is allowed that just means that the patent examiner thought your idea was different enough from old_patent_123 that it could be its own invention. It does not mean that you are clear and not infringing on old_patent_123.
Another simple example would be a bicycle. If old_patent_123 claimed a bicycle with two wheels and you made a bicycle with three wheels you may get your own new patent approved because it was different than old_patent_123 with two wheels. However, your three wheel bicycle also includes two wheels plus a third wheel so the owner of old_patent_123 may enforce their patent against you because your bicycle has two wheels. the fact that you have three wheels does not matter because your three wheel bicycle also has two wheels (2+1=3).
Another simple example would be a bicycle. If old_patent_123 claimed a bicycle with two wheels and you made a bicycle with three wheels you may get your own new patent approved because it was different than old_patent_123 with two wheels. However, your three wheel bicycle also includes two wheels plus a third wheel so the owner of old_patent_123 may enforce their patent against you because your bicycle has two wheels. the fact that you have three wheels does not matter because your three wheel bicycle also has two wheels (2+1=3).