[LINK] Questions re patents

Bernard Robertson-Dunn brd at iimetro.com.au
Thu Mar 7 11:42:26 AEDT 2013


On 7/03/2013 11:00 AM, Karl Auer wrote:
> 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.
>

Its the "but you still need the methods in the original patent to get 
there " bit that I'm trying to understand.

e.g if their patent says "using a web browser and this method and that 
method, in a particular way......" does that mean, if I also use a 
browser but use different methods, I'm infringing their patent?

-- 

Regards
brd

Bernard Robertson-Dunn
Sydney Australia
email: brd at iimetro.com.au
web:   www.drbrd.com
web:   www.problemsfirst.com
Blog:  www.problemsfirst.com/blog




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