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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Different Use of Patented Item

    Situation: Individual has successfully patented a cargo bar in 1991 (difference in his bar v. all others is the use of a hydraulic pump to apply pressure against a wall v. mechanical pressure - ratchet type mechanism).

    The "field of invention" specifically states

    "This invention relates to load bracing crossbars used to brace freight loads in compartments."


    The 12 "claims" detail the parts and functions within the cargo bar and how they operate and interact with each other and apply pressure against a "wall" - no mention of trucking industry is mentioned in any of the claims - silent on industry but this is the only industry and application the inventor has used / sold his unit for the past 19 years.

    Question: If someone takes the exact bar and does two things:

    1) removes 2 pieces of existing tubing that determine the "operating range" for this specific bar from 83 inches to 109 inches (relevant range / size for trucks or trains), and installs 2 new longer pieces that increase the "operating range" to 144 inches (the operating range is not part of the claims), and,

    2) Most importantly - takes the extended bar and uses it in a completely different industry and application which is not in the "field of invention" and where the inventor has only used his invention in the "trucking" industry, is this still an infringement?
    Also, if it is "technically" still an infringement, is there any financial damage since the use in this completely different application and industry does not affect his revenue / income earned within the trucking industry? Finally, there is only one year left on his patent.

    Thank you in advance for your consideration!

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Different Use of Patented Item

    For patents, you must look at the claims & not infringe upon each of the individual claims, do not look at the patent as a whole claim; each claim is individual in nature. So, you wont be able to use it for another purpose w/o a licensing or other such agreement. That is the technical aspect .. if it occurs in real life may be different.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Different Use of Patented Item

    From what you've told us, nothing in the patent suggests that the patented invention has specific size dimensions, or would limit its use to a specific industry. Your proposed modification and use would appear to fall under the patent.

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