質問
I have been developing a product that is based on an idea for which a competitor company has a patent? If I develop technology that is not a simple copy of the patented one, but rather an improvement and a modification of the original idea, do I still need to get a license from the other company? How do I determine if my invention is within the scope of the patented one?
回答: 3 public & 0 非公開
I agree with the previous comments in terms of determining with you are infringing a patent on a device or system/machine. However, if the competitor patent claims a process - method of doing something that involves multiple sequential steps - you have to look at it a bit differently. If you cut out steps or do them in a different order than the way the claims read, you may have a different invention.
The patent system was put in place to do just what you are doing - improving the status quo. However, the original innovator doesn't get squeezed out until his patent term expires. You'd feel the same, if the situation was reversed.
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