Friday, May 18, 2012

Infringement Disclaimers

Infringement Disclaimers
Intellectual Property Infringement Warnings


Statements on any infringement are opinions.

Is someone stealing another’s invention?  Statements about invention infringement may be incorrect. Expect errors. Don’t necessarily take any statements about infringement as fact.

Please be careful when reading statements saying or suggesting that there is an infringement. It is not always easy to clarify if someone is or is not stealing an invention.  Perhaps only a small improvement to a product was illegally copied from an earlier inventor. 

Maybe there was no infringement at all.  An alleged infringer might actually look like they copied an inventor’s patent application. But the earlier patent application might not have properly or fully disclosed the alleged invention concept.  That is, an earlier filed patent application cannot support arguments for infringement unless the earlier patent application describes a product later made by a copycat.

Ways to determine if there might be infringement:
• Compare the earlier and later patent applications. How to compare the alleged first inventor’s patent filing with later patent filings from possible infringers.
• Find an honest patent attorney, as there are intellectual property matters to consider in determining any infringement.
• The “Claims” section of a patent application: The “claims” describes in one condensed sentence what is unique about a patent application.  Claims are what the inventor claims is their unique idea.  Just imagine some inventor invented the old tricycle concept - the tricycle patent application’s claim could be for the third wheel.  Look at the claims for the 3rd wheel versus the entire patent application, which includes known technology such as wheels, pedals and gears.
• Paid and free patent infringement tools are available.  While these intellectual property tools may not be designed specifically for determining infringement, they can help establish if someone invented something prior to a certain date.  The world's largest known patent application family with Innovation Institute, LLC is one such tool.  This currently free patent infringement tool enables key word search by proximity, along with use of the Matrix.

Other Important Intellectual Property Disclaimers:
• Patent Fraud: An issued patent can be invalidated.  Causes of patent invalidation include patent applicants fraudulently failing to list earlier inventions the later patent applicant may have lifted (stolen) without giving proper credit. Claiming to be an inventor when one is actually just a copycat can have serious financial risks including triple damages.
• Intellectual property laws differ by region and country. However international organizations such as WIPO (World Intellectual Property Organization) and the Paris Convention are trying to harmonize intellectual property laws between countries.
• Business laws differ by city, state or province, and country.
• No Advice Being Given: Sites with authorized links to this site are not giving legal, business, engineering, intellectual property (IP) or any other advice. They are brainstorming about possible innovations, etc.

Brainstorming Beta Ideas – Don’t Confuse “Beta Content” With “Fact”:
• Brainstorming Has Errors: Authorized sites linking here brainstorm (see www.BrainstormRights.Com) about innovation, inventions, business and more. Brainstorming is about opening doors to innovative options, and perhaps not quality control and perfect fact checking.
• Nothing Verified: Do not presume statements on web postings and via other communications are verified. Material is beta content (see www.BetaContent.Com). Focus is on establishing open discussions without being held responsible for errors.
Innovation Institute studies in the US, Europe, Latin America and Asia since 1984 establish that excessive worrying about errors reduces creative thinking.
• Readers MUST verify any information before they presume it as fact.  As possible infringement is very complicated it is very possible the reader will get incorrect information.

Find Honest Patent Lawyers:
Beware of tricky patent attorneys working to charge hourly fees.  Get multiple opinions. Also get free patent advice from government agencies at even if you believe your honest patent lawyer to possess impeccable ethics, and practice law from the highest bar. Even honest patent attorneys make errors and might be unduly influenced by seeking to find ways to charge high patent legal fees versus setting out of court. Ask how dishonest patent lawyers profit by suggesting that another inventor invented something first?  Tricky lawyers may be tricking you into believing you have a chance to win a law suite but it might only be 3% and at what cost?

Provisional Patent Rights:
Infringement upon patent pending inventions can be called “Provisional Patent Infringement” Don’t confuse “provisional patent rights” with “provisional patent application” though. Provisional patent rights can also be called: possible patent rights, prospective patent rights, patent pending rights, etc.

Never Say Someone Is Infringing: Innovation Institute suggests to be safer that one state another's property is "perspectively infringing" at best.

Innovation Institute ™ is a trademark, service mark and business entity name. Innovation Institute was spun off from Japan America Institute ™. JAI was based in Chicago, Illinoi’s Hyde Park near University of Chicago and on the Sears Tower’s 71st Floor; and originated in Roppongi 2-chome, 1-38, Tokyo, Japan. Multiple entities use the Innovation Institute name established in 1984.

Study free links about electronic patent rights



  1. Provisional Patent Rights

    Good Links On Possible Patent Rights From Patent Pending Applications

    Do more searches on the web with these or other terms
    "provisional patent rights" (strategy OR trolls OR "Intellectual ventures" OR aggregates)