Patent laws

Caporegime
Joined
1 Dec 2010
Posts
53,766
Location
Welling, London
Bit confused about something.

Does a patent protect an idea or just a design?

What I mean, is if someone has patented an idea for something that fulfils a specific purpose, what options do you have if you do not believe the design is up to scratch and have produced a superior designed product to the one patented.
 
What I mean, is if someone has patented an idea for something that fulfils a specific purpose, what options do you have if you do not believe the design is up to scratch and have produced a superior designed product to the one patented.

It depends very precisely on the claims that have been granted in the patent itself. An oft repeated pattern in patent claims is to start with a very precise and particular claim and then to surround it with rings of ever more general claims. If you have an idea in the same area, you have to check that you do not infringe any of the granted claims, especially those that have wider and more general scope.
 
Robocop, 1987, rectangle with rounded corners. Still, it didn't stop Apple and Samsung going at each others' throats over the last few years! They could have used the legal money to feed a few hundred African families instead :-)

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