QUESTION
Can I incorporate an old patent feature into my patent without infringement? How?
Asked on Aug 18th, 2015 on Patents - Massachusetts
More details to this question:
If a current patent incorporates a feature from an out of date patent, am I allowed to incorporate that feature in a totally different invention without infringing on the current patent's rights?
2 ANSWERS
If the feature is no longer protected by patent in the market in which you want to sell your product (patent protection lengths can vary by country), you can use that concept in your invention without anyone's permission.
Answered on Aug 18th, 2015 at 1:43 PM
Appellate Litigation Attorney serving Boston, MA
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Banner & Witcoff, Ltd.
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Maybe - but to be sure - go visit a patent attorney for a review of your invention vs. the current patent. For instance - the expired patent teaches and claims "Element A" - which is now in the prior art. Anybody can make, use, and sell "Element A" - and it can be used in a new invention - but only in combination with at least - new "Element B." If your invention is a combination of "Element A" and new "Element C" - which is different from "Element B" - you would likely not infringe the "Element A & B" patent. GOOD LUCK!
Answered on Aug 18th, 2015 at 12:30 PM