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Your only option is to talk to a lawyer. This sounds serious enough that you should get a professional opinion on this. They should be a patent attorney that

by imp 17y ago

Your only option is to talk to a lawyer. This sounds serious enough that you should get a professional opinion on this. They should be a patent attorney that would look over the specific details of the patent and compare that to what you want to do. There could be a tiny loophole that allows you to do what you want to do. You just can't tell without talking to a lawyer. Also, there was some famous businessman that said "I don't ask lawyers 'What can't I do?'. I ask them 'How can I do what I want to do?'".

michael_dorfman 17y ago
I know I always say this, but "ask a lawyer" is the only proper response to questions that ask for a legal opinion. If you are at all interested in pursuing the idea, talk to a lawyer. If you go forward, you'll need a lawyer sooner or later, and believe me-- it's much more cost effective to spend the money sooner than later.
- edw519 17y ago
  "I know I always say this, but "ask a lawyer" is the only proper response to questions that ask for a legal opinion." Forgive the blasphemy, but I disagree. There's almost always gray area and, depending on the lawyer you talk to, they will tend to be careful and conservative, often to the extreme of "killing the deal" before it ever has a chance. I recently had a friend who refused to sign an NDA based on the advice of her lawyer. This killed a fantastic deal for her. IANAL (bragging, not complaining), and IMHO, based on her situation, there was a .01% chance she would have ever had any problems. Never say always, only, or never. Oops.
  - michael_dorfman 17y ago
    I'm not saying that all legal advice is good advice-- that's why there are (occasionally) malpractice suits. Similarly, not every surgery is successful-- but I'll take my chances on a Board Certified Surgeon over a random member of the public, anyday. In this case, the downside of not having proper legal advice is substantial-- being a defendent in a patent infringment can't be much fun-- and the cost should be minimal.
  - fatdog789 17y ago
    Actually, "ask a lawyer" if the only correct response when you need a legal questions. The lawyer provides legal advice. Their job is to be pessimistic and bring up all potential issues because that is what you pay them to do. A lawyer is a risk assessor. It is up to the client decide upon a course of action based on the lawyer's legal advice. A lawyer does not provide business advice, or scientific advice. Do not blame your lawyer if you kill a perfectly valid business transaction based upon the lawyer's advice regarding the legal risks of the transaction.

by imp 17y ago

michael_dorfman 17y ago

I know I always say this, but "ask a lawyer" is the only proper response to questions that ask for a legal opinion. If you are at all interested in pursuing the idea, talk to a lawyer. If you go forward, you'll need a lawyer sooner or later, and believe me-- it's much more cost effective to spend the money sooner than later.

edw519 17y ago
"I know I always say this, but "ask a lawyer" is the only proper response to questions that ask for a legal opinion." Forgive the blasphemy, but I disagree. There's almost always gray area and, depending on the lawyer you talk to, they will tend to be careful and conservative, often to the extreme of "killing the deal" before it ever has a chance. I recently had a friend who refused to sign an NDA based on the advice of her lawyer. This killed a fantastic deal for her. IANAL (bragging, not complaining), and IMHO, based on her situation, there was a .01% chance she would have ever had any problems. Never say always, only, or never. Oops.
- michael_dorfman 17y ago
  I'm not saying that all legal advice is good advice-- that's why there are (occasionally) malpractice suits. Similarly, not every surgery is successful-- but I'll take my chances on a Board Certified Surgeon over a random member of the public, anyday. In this case, the downside of not having proper legal advice is substantial-- being a defendent in a patent infringment can't be much fun-- and the cost should be minimal.
- fatdog789 17y ago
  Actually, "ask a lawyer" if the only correct response when you need a legal questions. The lawyer provides legal advice. Their job is to be pessimistic and bring up all potential issues because that is what you pay them to do. A lawyer is a risk assessor. It is up to the client decide upon a course of action based on the lawyer's legal advice. A lawyer does not provide business advice, or scientific advice. Do not blame your lawyer if you kill a perfectly valid business transaction based upon the lawyer's advice regarding the legal risks of the transaction.