fatslob-:O said:
That's exactly how it works ... Just because your product offers other functionality does not mean you are not infringing on a patent ... Being a superset is not subject to the denial of persecution ... |
No, it is not. It's far more complicated then that. It comes down to what the patent specifies. In the case I mentioned, both the Tesla Bulb and Edison Bulb served the exact same function. But because Edison was overly specific with his patent, Tesla was able to get by it by making modifications to the design, especially where the plug is concerned. And if your patent is too vague so as to try and control an entire general concept, it will usually not be granted and if granted can be invalidated in a trial if you try to abuse it. Patent law is a nuanced thing.
