Yes. Let's take the example from yesterday. Suppose a first inventor claimed his mousetrap as such:
A mousetrap comprising:
a spring;
a latch;
a mouse-trapping jaw;
and a trigger.
Now suppose a second inventor improves the combination by adding an audible alarm that sounds whenever the trap is sprung. As discussed yesterday, if the second inventor tried to make, use, sell, offer for sale, or import a device having all of these elements, he could get sued for infringement. The fact that he added a new feature (an alarm) will not matter in the analysis.
However, suppose instead the second inventor filed a patent application adding the alarm element.
A mousetrap comprising:
a spring;
a latch;
a mouse-trapping jaw;
a trigger; and
an alarm.
Could the second inventor get a patent on this improved technology? Yes. The first inventor then would be prevented from making, using, selling, offering for sale, or importing such a mousetrap with an alarm on it, while the second inventor (as stated above) could not make, use, sell, offer for sale, or import such a mousetrap irrespective of whether or not it had an alarm on it. Typically when situations like these arise, cross licenses are negotiated between the parties.
A mousetrap comprising:
a spring;
a latch;
a mouse-trapping jaw;
and a trigger.
Now suppose a second inventor improves the combination by adding an audible alarm that sounds whenever the trap is sprung. As discussed yesterday, if the second inventor tried to make, use, sell, offer for sale, or import a device having all of these elements, he could get sued for infringement. The fact that he added a new feature (an alarm) will not matter in the analysis.
However, suppose instead the second inventor filed a patent application adding the alarm element.
A mousetrap comprising:
a spring;
a latch;
a mouse-trapping jaw;
a trigger; and
an alarm.
Could the second inventor get a patent on this improved technology? Yes. The first inventor then would be prevented from making, using, selling, offering for sale, or importing such a mousetrap with an alarm on it, while the second inventor (as stated above) could not make, use, sell, offer for sale, or import such a mousetrap irrespective of whether or not it had an alarm on it. Typically when situations like these arise, cross licenses are negotiated between the parties.
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