Patent Infringment

[JoeBlow331]

I'm just trying to get some clarification on how patents work.

Basically, we are trying to compete with a company here in Texas that owns a patent on the process of making this certain product. Now the product itself isn't patented as it is a common item that's been around for decades. What is patented is the process by which they make this product using simple items that are readily available.

They have a computer setup, a printer, and a stapler. Basically what is patented is how the program prints these images on paper and the order in which they are printed and bound together to create the final booklet.

Now this is a very simple process using items that are readily available to anyone. It's very similar to taking a picture and printing it out on paper, cutting it into the appropriate sizes and selling it to customers.

How can you have a patent on a process and what would you need to do to compete with the company and avoid infringment?

I could sell hamburgers and fries with a coke and call it a number 1... Cut the meat and cook it all the same way but my recipe would be slightly different than McDonalds. As long as my store and menu don't look like McDonalds they wouldn't be able to patent the process in which they make and sell burgers and fries.

How can this company do that?

Thanks!

 

[Michael Wechsler]

How can you have a patent on a process and what would you need to do to compete with the company and avoid infringment?

I could sell hamburgers and fries with a coke and call it a number 1... Cut the meat and cook it all the same way but my recipe would be slightly different than McDonalds. As long as my store and menu don't look like McDonalds they wouldn't be able to patent the process in which they make and sell burgers and fries.

How can this company do that?

Now you are understanding the serious problem many people have with the existing application of patent law. It is possible that if you "infringe" upon their patent, they will need to take you to court and be challenged by your defense - that this is no "invention." It is obvious to anyone with a reasonable amount of experience or skill. The question is whether anyone wants to risk going that route and the only one who can give you the best advice is a patent lawyer.

Take a look at this one - it plagued my industry back in the late 90s and is probably one of the most well known cases questioning the overworked patent office and their rubber stamping of applications:

http://cse.stanford.edu/class/cs201/projects-99-00/software-patents/amazon.html

Essentially, the "one click" ordering system - where all your customer data that has been stored in a database can be called up again so you can order a second time more quickly - was granted a patent. You'll find this interesting.