I have recently filed a complaint against the company Mapfre because of infringement of the ES2108613 patent claims with its project Y-Car.
This has created some confusion and incredulity in some insurance companies and advisors because they understand that they don’t manufacture anything and that their activities are not patentable.
This is usually true and is the reason why insurance companies are not familiar with patents, but I think it is appropriate to clarify some basic aspects about this topic:
A method of doing business could be protected by a patent if it is integrated into a system in which some element could be patented.
- discoveries, scientific theories and mathematical methods
- aesthetic creations
- schemes, rules and methods for performing mental acts, playing games or doing business
- programs for computers, and
- presentations of information
are not considered to be inventions if the European patent application only relates to such subject-matter or activities as such.
http://www.epo.org/patents/Grant-procedure/About-patents.html
What it is protected by the patent depends on each country.
The European patent shall, in each of the Contracting States for which it is granted, have the effect of and be subject to the same conditions as a national patent granted by that State, unless this Convention provides otherwise.
http://www.epo.org/patents/law/legal-texts/html/epc/2000/e/ar2.html
In the case of Spain.
The right granted by a Patent is not so much the right to manufacture, offer on the market or use the object of the Patent, rights that the title holder always has and can exercise, but especially and uniquely, “the right to exclude others” from manufacturing, using or introducing the patented product or procedure in the course of commercial activity
It is protected what it’s specified in the claims of the patent.
1. The extent of protection conferred by a patent or patent application is determined by the content of the claims. The description and drawings can be used, however, to interpret the claims.
http://noticias.juridicas.com/base_datos/Admin/l11-1986.t6.html
And related the interpretation of the claims, you have to read them with the intention to understand what the author wanted to express, also covers the equivalent solutions, ie different solutions but that given the state of the art are obvious to an expert, including the elimination of minor elements.
Claims should be interpreted to give fair protection to the patentee while preserving reasonable certainty for third parties.
…
An element shall be regarded as equivalent to an element in a claim, if, in the context of
the claimed invention:
a) the element under consideration performs substantially the same function to produce
substantially the same result as the claimed element; and
b) the difference between the claimed element and the element under consideration
is not substantial according to the understanding of the claim by a person skilled
in the art at the time of the infringement.
https://www.aippi.org/download/comitees/175/RS175English.pdf
Investing in a project in which there is no certainty that does not infringe any patent is similar to constructing a building on land which you are not sure it’s yours.
The risk is not only the possibility of losing all the investment, but also to take charge of dismantling and severance costs that may apply.
If somebody wants that their address is erased of my distribution list, please return me this message with the word “DELETE.”
As always, I have upgraded my “Pay As You Drive Directory ” and my News Bulletin.
Yours sincerely
Interim Management.
+ 34 649 49 17 70
+ 34 976 59 58 71
Email: s.minguijon@salvador-minguijon.es
Web: http://www.salvador-minguijon.es
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