Legal Question in Intellectual Property in Pennsylvania
Is it patent infringement?...
I have an idea for an invention. A quick patent
search revealed a patent, which is similar to my
idea. Similar results are produced from this
existing patent/technology. However, the results
are produced in a slightly different manner.
For example (not the idea in question): the
existing patent is for a method to automatically
change the channels of a television based on
programming using voice commands. My idea
involves automatically changing the channels of a
TV based on programming using a computer
interface. Basically it's a slightly different solution
to a similar problem.
How do you know if your idea is too close to an
existing patent? What are the rules in this type of
situation?
1 Answer from Attorneys
Re: Is it patent infringement?...
The claims of a patent define what is covered by the patent, not the description portion of a patent. The claims are found at the end of the patent in numbered paragraphs, usually about 10-20 claims are present, sometimes more and sometimes less. The test for infringement is to determine whether the language of those claims "reads on" an accused device.
Infringement analysis is best done by a patent attorney who handle patent infringement litigation. That analysis is not something to do on your own, as a competent opinion of counsel is needed to help minimize the chance of being found guilty of willful infringement.
I would be pleased to assist you in that analysis. I am a patent litigator with over 25 years of experience doing infringement analysis. I have written hundreds of such opinions.
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