Brian N Fletcher Esq.'s Answers

Brian N Fletcher Esq.
Alexandria Patent Application Attorney.
Contributor Level 7

3

Attorney answers:

  1. Daniel Nathan Ballard
  2. Jeffrey Thekdi Gedeon
  3. Brian N Fletcher Esq.

If I have a patent and someone else had one before mine can they claim patent infringement if the USPTO examiners cited theirs?

Asked by a user in Portland, OR - over 2 years ago.

To add to the good explanation of why you can get a patent but could still infringe someone else's patent, you stated that the unique parts of your product are very different when compared to the parts in the other product. If your unique parts are truly not the same or equivalent to parts claimed by the other party, and the rest of what the other party claims are not found in your product, there should be no infringement. Since the other party is accusing you of infringement, there has to...

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