Patent Risk Analysis

Kalyan K. kalyan@brainleague.com Url: www.brainleague.com Books: www.kalyankankanala.com`

Patent Rights
Territory Product Patent - Make, Use, Sell, Offer for Sale and Import. Process patent - Use

Infringement
Types Direct Literal Equivalent Indirect

Direct Infringement
Claim Construction Comparison Claim by claim - element by element

Claim Construction
Claim Preamble Transition Body

I claim a plastic ceiling Fan' comprising of a base connected to a solid rod, which in turn is connected to a rotor with three wings.

Claim Construction
Preamble - I claim a plastic ceiling Fan' Transition - comprising of Body - base connected to a solid rod, which in turn is connected to a rotor with three wings.

Claim Elements
Base Solid rod Rotor 3 Wings

Is this product infringing?

A plastic ceiling fan having a base to be attached to the ceiling and which has a hollow rod connected to the base. The hollow rod is connected to a circular rotor having 4 wings. I claim a plastic ceiling Fan' comprising of a base connected to a solid rod, which inturn is connected to a rotor with three wings.

Doctrine of Equivalence
Equivalents of a claim Function Way Result Prosecution History Estoppel

Example Claim
A method of preparing thermoplastically processable starch which is a substantially water free combination of starch with at least one additive.

L.B. Plastics V. Amerimax

Claim: 1) A composite gutter guard ... comprising:

(a) an elongate polymer guard panel ... (b) a polymer-coated mesh layer overlying said guard panel ... and (c) a continuous heat weld defining an uninterrupted longitudinal weld line connecting said mesh layer to said guard panel ...

Product
The product has a frame and a mesh connected to the frame with the help of a hot glue. The mesh is welded at various points and a hot glue is poured in the gaps. The hot glue solidifies and the mesh attaches to the frame continuously.

Example
Claim A biodegradable plastics composition comprising polyglycolide and poly(3-hydroxybutyric acid, a high molecular weight substance, said polyg lycolide being present in an amount of 1060% based on the total weight of said polyglycolide and said high molecular weight substance. Product A competitor makes a biodegradable plastic composition containing twenty percent polyglycolide and either polycaprolactone or polyglutamic acid. Infringing?

Open IP Discussion forum: www.sinapseblog.com/forums

My recent novel - Patent Law Thriller Details at www.kalyankankanala.com

THANK YOU.