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<blockquote data-quote="Glaurung" data-source="post: 527350" data-attributes="member: 1273">Look at the 1st claim again. Does it say in the first line &quot; A science fiction book comprising &quot; or &quot;A science fiction book consisting of &quot; a blah blah and such and such?&nbsp; &nbsp; If it says comprising, it refers to the elements mentioned [A+B+C] plus whatever additional elements are added. In such a patent, if you meet all the elements, even if you have additional elements, you will be infringing. That does not mean you cannot pursue your own patent however. Know that if you do end up with such a patent, (and patentability is too complex-consult a lawyer), you will need a license from the other patent holder to produce your invention without infringeing. &nbsp; If the language is &quot;consisting of,&quot; then if you have elements beyond those described in the claim, you will not be infringing.&nbsp; If the language of the patent is &quot;consisting essentially of,&quot; then new elements may be added so long as they do not change the basic nature of the invention.&nbsp; To patent the invention, it must be novel, non-obvious, and have utility.&nbsp; Utility isn't much of a test, and obviousness is too complex to explain here. For novelty, remember-do not sell (or offer to sell) the invention more than 1 year before you file for a patent.&nbsp; If you need to test the invention (ie, it is not quite ready yet) but you have a prototype, start preparing to file and test it yourself. If you give it to friends to use or something, this can affect your patent.</blockquote>

[QUOTE="Glaurung, post: 527350, member: 1273"] Look at the 1st claim again. Does it say in the first line " A science fiction book [B]comprising[/B] " or "A science fiction book [B]consisting of[/B] " a blah blah and such and such? If it says comprising, it refers to the elements mentioned [A+B+C] plus whatever additional elements are added. In such a patent, if you meet all the elements, even if you have additional elements, you will be infringing. That does not mean you cannot pursue your own patent however. Know that if you do end up with such a patent, (and patentability is too complex-consult a lawyer), you will need a license from the other patent holder to produce your invention without infringeing. If the language is "consisting of," then if you have elements beyond those described in the claim, you will not be infringing. If the language of the patent is "consisting essentially of," then new elements may be added so long as they do not change the basic nature of the invention. To patent the invention, it must be novel, non-obvious, and have utility. Utility isn't much of a test, and obviousness is too complex to explain here. For novelty, remember-do not sell (or offer to sell) the invention more than 1 year before you file for a patent. If you need to test the invention (ie, it is not quite ready yet) but you have a prototype, start preparing to file and test it yourself. If you give it to friends to use or something, this can affect your patent. [/QUOTE]

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