Discussion:
What is the name of your state? CA
the claim on a patent states that its for a client server system.
Would I be infringing on a patent if I develop something that
generally functions as one of the client server combo?
I define "generally functions" as wordperfect generally functions the same as microsoft word. They both are word processors.
I do not inted to develop a client for their server or a server for their client. I hope that makes sense.
How would I go about finding out the equivalents that the patent holder gave up for the patent.
I am planning on speaking with a patent attorney, but I would like to be more educated on the situation. So that I could ask the right questions.
thanks for any info
Answer:
What the hell are you talking about? Please either give us exact details or the name of the product you plan on mimmicking and how you plan to do it.
Answer:
I apologize for the confusion.
Its a internet software product. Where there is an installed
piece for a single user, the installed software communicates over
the internet to a server that provides services for the client.
Answer:
XML, SOAP or other protocol?
You're still not giving enough information.
For example, is the server located on the internet running a 'web service' and if so, it is a subscription service, GNU Public license or other?
Is your piece the client application or a bridge application?
Like I said, you need to give a little more information.
And just so you know, I've been developing client/server applications for the last 13 years so let's get the details and I can give you an idea of what you're facing.
Answer:
The protocol is SOAP,
It is a "web service" a subscription.
I don't understand the license issue since it will be a service, where the user of my service doesn't require download. You get
to use the service as long as you pay.
My piece is the server. Not a bridge.
thanks again
Answer:
O.K. let's look at your entire post.
First you say: "I do not inted to develop a client for their server or a server for their client."
Who is the "Their" that you are talking about. Since you are developing a 'web service' utilizing soap a client will be required to connect to your subscription service, paying you(i assume) a fee to use the service.
The service is a server that you are developing. To connect to your pay-service (server) the user will be required to use a third-party client.
Correct so far?
If this is the case, and the server software utilizes no objects inherent in the third-party client software, then you should be safe.
However, you still need a further explanation to satisfy me that you are completely in the clear.
Answer:
thanks for the info that you've already provided,
The patent holder is not involved at all (their client or server) in the service that I wish to develop and provide. The patent holder comes in to play because they provide similar service. They created their own client and protocol to accomplish the same thing.
My planned server adheres to a standard that several OSs
complies to, so the third party client would be the Operating System of the client. Since my server would adhere to a standard then any one can write their own client to talk to my server. Its similar to the situation where "Web browsers" could be gotten from the OS or other places that adheres to the html standard. The client in my service is like a "Web browser" item.
Answer:
O.K. it's clear to me that you will not provide and specific information from which to form a legally-valid opinion.
Therefore I will leave you with this. IF a client used to connect to your service is required, and if that client is a part of a fully-licensed operating system then you either need a release from the manufacturer of the operating system or you need to develop your own client.
Otherwise, you leave not enough information to form a valid response.
Answer:
jb2224,
what you are asking for is a non-infringement opinion. Nobody can do it with the limited information you have (or can) give on this website. If you were to go to an attorney with this question, he or she would need to understand your product in detail, and would then compare your product with the patents in question -- and perhaps turn up other patents that may also be implicated. Further, this would only give the answer to whether direct infringement is likely -- if your product is "similar" or "close" to the patented product, then your product may not directly infringe the claims of the patent, but your product still might be covered under the "doctrine of equivalents." The doctrine of equivalents expands the scope of a patent's claims to cover not only what the claims specifically cover but also "equivalent" matter. To do a doctrine of equivalents analysis, an attorney will need to order the patnet's file history from the USPTO to find out if the equivalents will be limited and how far they are limited.
That's basically what is needed for a non-infringement opinion.You would be well-served to talk with a patent attorney in your local area to get some idea of what it will cost to get a non-infringement opinion. Note that a patent agent cannot provide a non-infringement opinion; you'll need to go to a patent attorney for this.
Answer:
hexeliebe,divgradcurl,
thanks for the info... this allows me to get started with the process.