2006-06-10 08:32:52 · 8 answers · asked by lonely as a cloud 6 in Social Science ➔ Economics
If you find that a patent already sufficiently covers your idea, even if it has never been developed, then no you cannot duplicate it. To get around a patent you would have to demonstrate that your idea is novel in some area that isn't covered in the original patent. Of course, this will be determined when you apply for the patent for your invention. Some patents are so broad that they can be used to lock down a whole area of invention. A French company called Thomson made claims on CD technology simply because they had a patent describing some of the ideas that went into its design. They never invented CD yet they made money from licensing. This area of patent law is fraught with pits and loopholes and is often in much contention. To be honest, if you were serious about patenting an idea you might want to consult with a patent lawyer before getting into hot water.
Follow the link below to search for existing patents applicable under US law.
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2006-06-10 08:33:56 · answer #1 · answered by ♫ sgrfsh ♪ 6 · 2⤊ 0⤋
It depends. If the patent is identical to your idea, you may not move forward. On the other hand, if you have the same idea, but different features within the idea, you may have the room to continue.
2006-06-10 15:38:51 · answer #2 · answered by weirina85 3 · 0⤊ 0⤋
You would have to contact the Patent holder and find out if you can license the patent. Otherwise, you will have to engineer around the patent and hope that the existing patent holder doesn't bother to sue.
2006-06-10 15:34:39 · answer #3 · answered by Old Fat Bald Guy 5 · 0⤊ 0⤋
You can but you have to do it in a way not just like the patented one.
2006-06-10 15:34:20 · answer #4 · answered by nevyn55025 6 · 0⤊ 0⤋
No, there are other things you have to do to be moved forward.
2006-06-10 15:35:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can possibly develop another idea based on this one.
2006-06-10 15:34:45 · answer #6 · answered by snakehawk37 3 · 0⤊ 0⤋
technically you can do whatever you want, but you coudlnt sell it, that doesnt mean you cant make it and use it, or make it and give it away, but it does mean you cant take credit, you can take credit for makign it but not the idea
2006-06-10 15:35:04 · answer #7 · answered by woundshurtless 4 · 0⤊ 0⤋
yea but you will have to change a couple of things so its not some much like the original
2006-06-10 15:35:32 · answer #8 · answered by Baby Gurl 2 · 0⤊ 0⤋