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I'm not sure what the interest might be in the application, if a patent
has been issued. Typically, an application undergoes modification -- sometimes, extreme modification -- before the patent issues. And only the patent carries any prohibition about anyone making, using, or selling the item. The patent (6,677,914) is interesting in that it's a patent not for an antenna, or a method of tuning the antenna, but a system which includes the antenna, a transmitter/receiver, and "means to coordinate the means for adjusting the length of said conductive members to receive a desired frequency used by said radio transmitter/receiver." To see exactly what is patented, look up the patent at the USPTO's web site and read claims 1 and 16. Those describe exactly what is patented -- the patented system includes all the components in either claim. (The remaining claims are more restrictive, put there in case the less restrictive claims are deemed invalid in the future.) Only a system which includes all the components in a claim is covered under the patent, except for modifications "obvious to one skilled in the art". DISCLAIMER: I'm not an attorney, patent or otherwise. This is based on my limited and layman's knowledge of the law. Don't regard it as legal advice -- see a qualified patent attorney if you need real legal advice. Roy Lewallen, W7EL J. McLaughlin wrote: Dear Group: One may see a patent application for the "SteppIR" antenna on the PTO's web site. Look for: 20020171598 Tunable antenna system Punch in the above number he http://appft1.uspto.gov/netahtml/PTO/srchnum.html The application issued as patent 6,677,914. I can not remember if this has been posted. 73 Mac N8TT -- J. Mc Laughlin - Michigan USA Home: |
#3
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Thanks very much for the information. It's added to my very imperfect
and somewhat out of date knowledge of patent issues. I've spent my share of time slogging through file wrappers to find out what claims had been rejected and why, to determine weak points in a patent and possible ways around it. Perhaps some of the readers of this group have similar interests! Roy Lewallen, W7EL J. McLaughlin wrote: Dear Roy: You have wondered about what the interest might be in the application. As you have accurately indicated, applications do sometimes undergo extreme modification before one or more patents issue. Only the claims in the issued patent constitute the meets-and-bounds of what is protected. However, comparing an application to the issued patent (or patents) can be very revealing of the PTO's view of the subject matter. Insight so gained can be of great help with further patent applications dealing with similar subject matter. In the days when it was not easy to compare applications with issued patents, I had a case where a claim in an issued patent appeared to encompass all archery targets having the appearance of an animal. Paying to get a copy of the proceedings led to the conclusion that what was actually protected were animal looking targets using two densities of plastic! -- I have abbreviated the case -- The short answer is that one can (sometimes) learn from examining the before and after. To follow-up on another of your cogent observations: Design patents protect the esthetic appearance of a useful article (and thus might not be eligible for copyright protection) and their numbers start with a "D." Plant patents have numbers that start with a "P." Warm regards, Mac N8TT -- J. Mc Laughlin - Michigan USA Home: |
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