[LINK] Questions re patents
Karl Auer
kauer at biplane.com.au
Thu Mar 7 11:00:55 AEDT 2013
On Thu, 2013-03-07 at 10:47 +1100, Bernard Robertson-Dunn wrote:
> Or, to generalise, if I want to achieve the same end but in a different
> manner, what do I have to do to avoid infringing the patent?
You have to not solve the same problem in the same way, and there has to
be an element of non-obviousness in your solution. But IANAPL.
So if you solve a different problem, or the same problem in a different
way, then you may have something separately patentable. If you add ideas
so that you can solve more problems than the original patent, but you
still need the methods in the original patent to get there, then you can
only patent the extra bits. It's fine to use someone else's patent as
part of yours, as long as you don't claim those bits as yours. And of
course you can't actually make anything using their patent without the
other patent holder's permission.
Regards, K.
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Karl Auer (kauer at biplane.com.au)
http://www.biplane.com.au/kauer
http://www.biplane.com.au/blog
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