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Patents and Copy Rights 2
Posted by . updated on 4/12/2009
This is to clarify a question that I asked earlier. I was reading an article about an invention made by a professor. While reading it, I came up with an application of the invention that could be very successful. An example of this is: The professor comes up with a machine that makes propeller blades of an airplane spin with very little supplied energy. I decide that it will be a great idea to use it on a car tire rim so that the rims of a car spin even when the car stops. I would sell the product or idea to car companies and make a lot of money. This is just an example but the overall idea is very similar to it. I?m an electrical engineer so the product is very different. What are the approaches that I can use to get my product patented or to use the professor's invention to create my product legally? I am sure that the professor's invention will be patented if its not already. Do I need to get a license to use the professor's discovery/invention, etc?
Answers (2)
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Jack Bo...
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You, or preferably a patent attorney, need to review the allowed claims of the professor's patent to determine if they read on your invention, or if yours is an equivalent. If they do, then you need to negotiate a license from the professor if you want to make, sell, use or import his patented invention. If you have an improvement over the professor's invention, you can obtain a patent for the improvement, but you would still need a license for the underlying base invention.
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Edward ...
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You need to consult with a patent attorney. The answer to your question will depend on many details about the professor's invention, the prior state of the art in that area, and the idea you want to develop. There is no way you can provide enough information on this site -- and, even if you could, doing so would reveal your ideas. Without knowing what the prior discovery is or what you propose to do, no one can meaningfully answer your question. Even if we could, the answer would be too long and complex to fit into the space LawGuru provides. A brief consultation with a patent attorney should not cost much, if anything.
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