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patent question

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cnm

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A friend of mine asked me a question that I have no good answer to. Just wondering if any one here knows better.

Basically one group got a patent, and also published a paper regarding this patent. My friend found their published paper useful. Later he simulated a different component, in which this published idea is included in the simulation for one of the functional blocks. He is interested to know if he can publish this component results that has a portion of others patented concept.

I told him it is likely no. but I am not 100% sure.
 

flatulent

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This is a vague area. I have heard of patents that were on improvements to what was done in a previous patent. Sometimes a patent is on a combination of things. If you do a different combination, it is not a violation of the patent.
 

biff44

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if a student and this is an academic exercise, publish away. If this is a commercial enterprise, talk to a patent lawyer, and do this:
71_1294446922.jpg
 

ckshivaram

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He cannot do this until he gets the permission from the copy-write of the authors.. Its illegal...

Beacuse you need to put reference at the bottom of the document which will be verified before publishing....
And the publisher will see if they document you referred are patented, if yes they ask you proof of the consent of the suthors document that are used as reference...

Consent has to be given by all the group members and not from a single person...

You need to submit this when required to the publisher. Or both you and publisher will be sued
 

vfone

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My name is not Colpitts, but I published a lot of papers using Colpitts oscillators. What a heck I did wrong?
I know that we are living in a greedy world, with people trying to patent even the human breathing, but just publishing things that never were published in that manner I don't think is a crime.
 

flatulent

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The patent only restricts manufacturing and sales. It does not restrict academic exercises or using the patented material for your own personal use.
 

biff44

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The only way you could conceivably get sued for publishing such an article would be if you were under a formal contract, like a signed non disclosure agreement where you obtained confidential intellectual property and improperly disclosed it, or if you broke into some guy's office and stole the information! Publish away...unless, like I said, you are planning to use the info in a commercial product. In that 2nd case, you should work with a patent lawyer to see what is protected, what is not protected in the patent claims, and what is a "questionable" claim that probably would not withstand court scrutiny.

People patent anything. I still laugh having seen someone who got a US patent for a quarterwave microstrip directional coupler around 10 years ago! I think Matheei, Young and Jones showed how to do the exact same thing 20 years earlier, and ANYONE in the industry knew that!!!
 

AdvaRes

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You're right Biff44,
My mentor has 10 US patents and he is proud of them. What is a pity is that people condiser him genious. The reality is that four among these patents are works of other students that went away after having finished their thesis. In the other patents he did just reinvent the wheel.
 

cnm

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This is a vague area. I have heard of patents that were on improvements to what was done in a previous patent. Sometimes a patent is on a combination of things. If you do a different combination, it is not a violation of the patent.

Yes. there are some patents have trivial differences among them. Yet they all protected by the patent office. Not quite understand that.

---------- Post added at 21:49 ---------- Previous post was at 21:47 ----------

The patent only restricts manufacturing and sales. It does not restrict academic exercises or using the patented material for your own personal use.

That makes more sense.

---------- Post added at 21:49 ---------- Previous post was at 21:49 ----------

if a student and this is an academic exercise, publish away. If this is a commercial enterprise, talk to a patent lawyer, and do this:

Blue brothers?

---------- Post added at 21:56 ---------- Previous post was at 21:49 ----------

My name is not Colpitts, but I published a lot of papers using Colpitts oscillators. What a heck I did wrong?
I know that we are living in a greedy world, with people trying to patent even the human breathing, but just publishing things that never were published in that manner I don't think is a crime.

In a way this is true. Do a google patent search on Colpitts, how many do we find? Tons of them..
colpitts - Google Patent Search

---------- Post added at 21:59 ---------- Previous post was at 21:56 ----------

You're right Biff44,
My mentor has 10 US patents and he is proud of them. What is a pity is that people condiser him genious. The reality is that four among these patents are works of other students that went away after having finished their thesis. In the other patents he did just reinvent the wheel.

Patent can be an ego booster to some.

---------- Post added at 22:01 ---------- Previous post was at 21:59 ----------

The only way you could conceivably get sued for publishing such an article would be if you were under a formal contract, like a signed non disclosure agreement where you obtained confidential intellectual property and improperly disclosed it, or if you broke into some guy's office and stole the information! Publish away...unless, like I said, you are planning to use the info in a commercial product. In that 2nd case, you should work with a patent lawyer to see what is protected, what is not protected in the patent claims, and what is a "questionable" claim that probably would not withstand court scrutiny.

People patent anything. I still laugh having seen someone who got a US patent for a quarterwave microstrip directional coupler around 10 years ago! I think Matheei, Young and Jones showed how to do the exact same thing 20 years earlier, and ANYONE in the industry knew that!!!
Totally agree.
 

biff44

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I am not necessarily knocking patents! They DO have a valid use. It is the too-broad patents that are foolishly granted in the "wireless device to control a thing" type category that I despise. They are obviously unenforceable, yet you can still get sued and have to fork over cold hard cash to a team of lawyers to get out of it!

One good use for patents....spreading the fame around. I worked at one defense contractor that would give bonuses for any engineers granted a patent. They also severely restricted the pay raise % I could hand out each year. So...2+2=4...I would apply for a patent on anything novel we did, and add as many team members as the company allowed on the application. It was a nice way to reward the engineers for hard work. And, it helped them a lot when they went looking for jobs elsewhere--they look nice at the bottom of your resume.

But nowadays, without a raft of corporate lawyers at the ready, it is generally not worth the effort to file a patent. I view is as just telling the world about what I am doing! Let them figure it out the hard way.
 

cnm

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I am not necessarily knocking patents! They DO have a valid use. It is the too-broad patents that are foolishly granted in the "wireless device to control a thing" type category that I despise. They are obviously unenforceable, yet you can still get sued and have to fork over cold hard cash to a team of lawyers to get out of it!

One good use for patents....spreading the fame around. I worked at one defense contractor that would give bonuses for any engineers granted a patent. They also severely restricted the pay raise % I could hand out each year. So...2+2=4...I would apply for a patent on anything novel we did, and add as many team members as the company allowed on the application. It was a nice way to reward the engineers for hard work. And, it helped them a lot when they went looking for jobs elsewhere--they look nice at the bottom of your resume.

But nowadays, without a raft of corporate lawyers at the ready, it is generally not worth the effort to file a patent. I view is as just telling the world about what I am doing! Let them figure it out the hard way.

Very interesting points. It is kind of a recognition both inside and outside the place you work at.
 
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