From: Dave Jones (DAVERJ) [#13]
3 Feb 2007
To: sprinter [#10] 3 Feb 2007
Somebody (like Atomic Art) can get a patent that is an improvement of another patented process. Since their paptent requires using another patented process, they have to license the original process from the original patent holder, but their improvement patent allows them to restrict who can use that improved process.
Often improvement patents are cross licensed with the original patent holder, allowing both parties to use the combined process. Other times the people with the improved process pay for the rights on the original process and keep the improved process to themselves.
Of course, if the people with the improved process can't get the original patent holder to license that patent, then nobody can use the improved process (neither the holder of the improved patent or the holder of the original). The improvement patent has no effect on the original patent holder using the original patent, just on them using the improved process.
Patents with improvements of existing patents are probably more common than original patents.
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