Legal Question in Technology Law in Utah

Patent Infringment
My question concerns patent laws specifically if claim 1 is an independent claim and claim 2 is a dependent claim of claim 1 would it be considered infringement of the patent if one were to copy claim 2 without copying claim 1?

Independent Claim:
1. A control means whereby an adverse weather rear light system is automatically energized when the current visibility conditions are less than a low visibility threshold limit and wherein the adverse weather rear light system is automatically de-energized when the current visibility conditions are greater than the low visibility threshold limit.

Dependent Claim:
2. The control means according to claim 1 whereby all vehicle lights are energized and de-energized in conjunction with the activation and the deactivation of the adverse weather rear light system.

Asked on 10/28/02, 11:23 am

Alvin Lundgren Alvin R. Lundgren, L.C.

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Re: Patent Infringment

You are at risk for a patent infringement violation if you appropriate any part of a claim, whether dependent or independent.

Answered on 10/29/02, 11:19 am

Irving M. Weiner Weiner & Burt, P.C.

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Re: Patent Infringment

Yes, that would constitute infringement of the patent. For further info, please call 800-872-8368, or email to [email protected].

Answered on 10/29/02, 11:46 am

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