Patent infringement and patent law

[thepersianguy]

does anyone know about patent infringement or deal with patent law? my question is, how many of the same characteristics can a product have before it is infringing on a patent?

for example if someone wants to make a backpack:
can it be made form the same material as another?
can it be the same shape but with different features?
etc..

"backpacks" serve the same function in general (to carry something) and have the same basic shape (two straps and a compartment), so where are the deciding factors distinguished?

can anyone help with this?

[wilsonlam97]

I'm not familiar with patents but my common sense tells me that you just describe the material in combination with the design provides xxxxx function and xxxxxx function and so on.

Also your patenting a product as a whole and any mimicking product that you can convince the judge is based in your product then you protect yourself from infringement.

Let's say that I make a proprietary rocket system that works in conjunction with a material that straps onto a person. You'll need to provide diagrams that are true to the likeliness of that object and statements that describes the object as a whole, its material, and purpose. When patenting I think its all down to convincing the technology is your's and very unique to be approved.

Again, don't take my advice. It's just a tip.

Here's an article written by people who have experience…

http://inventors.about.com/od/patentsbasics/a/descriptions.htm

[wilsonlam97]

Sometimes it helps to be vague and ambiguous lol *cough* apple *cough*

[thepersianguy]

I'm not familiar with patents but my common sense tells me that you just describe the material in combination with the design provides xxxxx function and xxxxxx function and so on.

Also your patenting a product as a whole and any mimicking product that you can convince the judge is based in your product then you protect yourself from infringement.

Let's say that I make a proprietary rocket system that works in conjunction with a material that straps onto a person. You'll need to provide diagrams that are true to the likeliness of that object and statements that describes the object as a whole, its material, and purpose. When patenting I think its all down to convincing the technology is your's and very unique to be approved.

Again, don't take my advice. It's just a tip.

Here's an article written by people who have experience…

http://inventors.about.com/od/patentsbasics/a/descriptions.htm


thanks, the article was somewhat helpful however i'm still a bit confused. i guess i'm looking to see at what point something is "similar" and at what point it becomes an "infringement".

eg) in my backpack example does it become infringement when the material used is the same? when it's the same material+shape? what about if it's the same shape but with different features? but then most backpacks have the same general shape because form and function are related...do you know what i mean?

:confused:

[BongoBong]

I am pretty sure there are some standards that are basically not patentable. Things like a basic backpack, or a cotton tshirt are things that can't be patented.

[uber_shnitz]

thanks, the article was somewhat helpful however i'm still a bit confused. i guess i'm looking to see at what point something is "similar" and at what point it becomes an "infringement".

eg) in my backpack example does it become infringement when the material used is the same? when it's the same material+shape? what about if it's the same shape but with different features? but then most backpacks have the same general shape because form and function are related...do you know what i mean?

:confused:
It wholly depends on the nature of the patent. Patents aren't the same as Industrial Designs (or Dress Patents) for example. Industrial Designs protect appearance so those are usually more vague and confusing in application. Those are the ones which usually go to court because it's never really clear cut what constitutes similar and what is "the same". If you want at school (I study Product Design), rule of thumb for Dress Patents is 3 key differences.

However, a patent is typically supposed (read "typically") to be something very specific. For example, a backpack could have half a dozen patents on it. You could have one for a special way the straps attach to the person, one for a special foam padding and manufacturing technique used to apply said foam, one for a special mesh that is tacked on by unconventional means, one for a special zipper being used as a structural support instead of just opening/closing etc.

The point is that broad patents, contrarily to what Apple and the media would lead you to believe, are not actually that common in more "tradditional" industries (the tech industry is the one which can most abuse the old patent laws/system); usually you'll patent something very specific about a product: a hinge, an assembly, a mechanism, a way of opening/closing and usually it'll need to be relatively specific.

[thepersianguy]

It wholly depends on the nature of the patent. Patents aren't the same as Industrial Designs (or Dress Patents) for example. Industrial Designs protect appearance so those are usually more vague and confusing in application. Those are the ones which usually go to court because it's never really clear cut what constitutes similar and what is "the same". If you want at school (I study Product Design), rule of thumb for Dress Patents is 3 key differences.

However, a patent is typically supposed (read "typically") to be something very specific. For example, a backpack could have half a dozen patents on it. You could have one for a special way the straps attach to the person, one for a special foam padding and manufacturing technique used to apply said foam, one for a special mesh that is tacked on by unconventional means, one for a special zipper being used as a structural support instead of just opening/closing etc.

The point is that broad patents, contrarily to what Apple and the media would lead you to believe, are not actually that common in more "tradditional" industries (the tech industry is the one which can most abuse the old patent laws/system); usually you'll patent something very specific about a product: a hinge, an assembly, a mechanism, a way of opening/closing and usually it'll need to be relatively specific.

thanks.
so can the 3 key differences be minor/cosmetic or do they have to be big enough to have an impact on the overall function?

you study industrial design? would you be the correct person to ask about creating a prototype of an unrelated product, or can you recommend a firm?