Legal Question in Intellectual Property in Florida

If a product is used and many more ingredients added, does this violate the patent on that product


Asked on 4/02/10, 8:53 am

1 Answer from Attorneys

Mark Torche Patwrite Law

In general, you cannot avoid infringement by "adding" things. If you use all the claimed items (or elements) and then add some more, you are still infringing on the underlying invention. If you use less than the claimed elements, you are likely not infringing (although you still might be found to infringe "by equivalents" if it is a very minor difference).

Of course it is seldom black and white, but this is the general rule. You should hire a professional to issue you an opinion on infringement before you start making and selling your invention or you could face a potentially expensive lawsuit.

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Answered on 4/07/10, 9:22 am


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