Comments on: Patents 101 | Does DIY Infringe?

By: Brianhanners81

Brianhanners81 — Sun, 09 Oct 2011 13:27:00 +0000

I thought if 13 percent of a patent was changed then it is considered a new product.

By: justme

justme — Tue, 25 Jan 2011 01:35:00 +0000

Patents are only infringed if the “copy” is “identical” to the “original”. A slight modification, such as shape, parts placement, etc.. will assure that it is not infringement. Otherwise, every car maker is infringing on the other.

By: Yourmom

Yourmom — Sun, 23 Jan 2011 21:32:00 +0000

Load of horsehockey.

the concept of wiring up a few leds with an optic to point down is not something that can be patented.

may as well go after all the car manufactures too, since they use LEDs in the their cars.

oh My GODDDDD Traffic lights are LED now and they are near homes, and some of those homes may have fish tanks. SUE SUE SUE.

I got a 12VDC transformer outta my box of stuff, bought some white LED’s and some plastic for clear tail lights off a car for optics.

FU if I broke a patent doing that.

By: mcliffy2

mcliffy2 — Sun, 20 Dec 2009 23:47:17 +0000

Edit – the last sentence should read: Bottom line, you compare the allegedly infringing product to the patent claims, not the product intended to be covered by the patent (as often, as in the case of the Orbitech patent, there is not product that is actually made by the patent owner).

By: mcliffy2

mcliffy2 — Sun, 20 Dec 2009 23:46:13 +0000

@ M.M. Pagan — I’m not sure where you are getting your information, but the statement that to “infringe a patent you not only need to copy the product, you need to copy the manufacturing process also” is not correct. Infringement is defined by the claims of a patent. If claims are intended to cover and protect a product and you copy that product you will likely infringe, if the patent is held valid and construed to cover the product, but it is still possible that you could show the claims didn’t cover the copied product. Bottom line, you compare the allegedly infringing product to the patent claims, not the product intended to be covered by a product (as often, as in the case of the Orbitech patent, there is not product that is actually made by the patent owner).

By: Neverorbitec

Neverorbitec — Sun, 20 Dec 2009 18:29:44 +0000

The fact that the patent system is open to abuse is no excuse for abusing it. Orbitech will not be getting any of my future aquarium dollars, ever.

By: M.M. Pagan

M.M. Pagan — Sun, 02 Aug 2009 20:43:21 +0000

To infringe a patent you not only need to copy the product, you need to copy the manufacturing process also. This process is the heart of the patent and is unique like the resulting product. If you figure out another process to build a similar product, guess what… you can file a request for another patent for a competing product.

Also, LED lamps are made from components from different vendors. These components have technical specs and these dictate how components are used. Unless you get exclusive use licenses from these vendors, other manufacturers can use these spec’s to design and build a competing product.

A clear example are iPods and iPhones. No one can make them except Apple, but anyone can make MP3 players and cellular’s with touch screens.

Hope this put’s all in a realistic perspective.

By: M.Y.Lee

M.Y.Lee — Thu, 02 Jul 2009 07:31:12 +0000

We are interested in your patent

By: mcliffy2

mcliffy2 — Tue, 03 Mar 2009 04:53:37 +0000

Curtis – That is a very interesting question. If you look in the specification there are some examples of what types of LEDs and intensities are necessary to support marine life, but there could be a question which marine life it must support? What exactly the term “marine life” means could certainly be argued about in the claim construction hearing (see part II for details of claim construction and claim interpretation).

By: Curtis Leo

Curtis Leo — Mon, 02 Mar 2009 22:12:30 +0000

I’m curious of what that claim to be sufficient for marine life. what lumen is that value. I can have a deep, cold water creature that only needs low lux while a fully loaded reef requires tons more.

I have some of the first LEDs ever produced (blue) as samples and I’ve added them to my tank over the years.

I actually wanted to build quality LED/HID/T5/CF light fixtures for the aquarium industry as trying to find quality stuff, is difficult.