Launch Product Based On Enhancement To An Existing Patent.

[Fanuco]

the basic idea for a product has been patented by a company. but that alone doesn't make it very useful, unless it is enhanced further. if i go ahead and launch a product based on the enhanced idea, can i still face the risk of an IP violation lawsuit?

[Stedman]

derivative patent You are really getting into a grey area here, and this kind of question would best be answered by a professional, an IP attorney specializing in patents.  I think all that is really something that should be determined by someone trained and experienced in that field, and who can check out exactly what it is you are wanting to produce.    If it was a copyright issue, you wouldn't be able to, without a license from the copyright owner. Derivative art is protected But patents are much more complicated and this kind of question would best be handled by an attorney.  Poppet! 81 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Clift]

You can still infringe a general patent A basic concept that you must understand is that a patent does not just cover an "idea."  Rather, a patent provides the owner with legal rights covering one or more specific embodiments of an invention, which are described in detail in the numbered patent claims(printed at the end of a patent).  If a product is described in the patent claims, then it is most likely covered by the patent.  That is true whether or not you add additional elements or enhance the product.  This is why some patents are said to "block" others.  A more general patent may be infringed by a patented product that is claimed in another more specific patent. Unfortunately, it can be difficult to interpret the scope of the patent claims.  Consulting with a patent lawyer is helpful to figure out what the patent claims mean, whether they are more broad and narrow than the plain language of the claims, and/or whether there is a chance that the claims are invalid.  You can try this yourself, but patent law is complex, so be careful!  Just remember:  If you want to go it alone, remember: the patent claims define the legal scope of the invention. troyboy 81 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[radmund31]

A basic concept that you must understand is that a patent does not just cover an "idea."  Rather, a patent provides the owner with legal rights covering one or more specific embodiments of an invention, which are described in detail in the numbered patent claims(printed at the end of a patent).  If a product is described in the patent claims, then it is most likely covered by the patent.  That is true whether or not you add additional elements or enhance the product.  This is why some patents are said to "block" others.  A more general patent may be infringed by a patented product that is claimed in another more specific patent. Unfortunately, it can be difficult to interpret the scope of the patent claims.  Consulting with a patent lawyer is helpful to figure out what the patent claims mean, whether they are more broad and narrow than the plain language of the claims, and/or whether there is a chance that the claims are invalid.  You can try this yourself, but patent law is complex, so be careful!  Just remember:  If you want to go it alone, remember: the patent claims define the legal scope of the invention.

[funsan42]

You are really getting into a grey area here, and this kind of question would best be answered by a professional, an IP attorney specializing in patents.  I think all that is really something that should be determined by someone trained and experienced in that field, and who can check out exactly what it is you are wanting to produce.    If it was a copyright issue, you wouldn't be able to, without a license from the copyright owner. Derivative art is protected But patents are much more complicated and this kind of question would best be handled by an attorney.