Do Patents Apply To Simulations?

[jabaro]

We are developing simulations of college physics labs, which involves simulating various pieces of equipment. No problem for generic items, like power supplies or voltage meters, which are basically just boxes with knobs and digital displays. But what about more specialized items? Assuming our simulated devices don't look exactly like the actual devices, are we OK creating a simulated device with the same functionality as a patented device?

An example would be a device specially designed to do specific experiments in the classroom that combines the functionality of three separate devices. Would we be OK creating a simulated device that includes the same unique combination of functionality?

 

[quincy]

We are developing simulations of college physics labs, which involves simulating various pieces of equipment. No problem for generic items, like power supplies or voltage meters, which are basically just boxes with knobs and digital displays. But what about more specialized items? Assuming our simulated devices don't look exactly like the actual devices, are we OK creating a simulated device with the same functionality as a patented device?

An example would be a device specially designed to do specific experiments in the classroom that combines the functionality of three separate devices. Would we be OK creating a simulated device that includes the same unique combination of functionality?

What is the name of your state, jabaro, or, if not in the US, what is the name of your country?

Following is a link with an article that speaks to your questions, published in Landslide, Volume 3, Number 4, March/April 2011, and written by Trevor J. Smedley and Ross A. Dannenberg, copyright the American Bar Association, 2011.

"Building a Better Mousetrap: If It's Virtual, Can Its Patent Be Infringed?" http://bannerwitcoff.com/_docs/library/articles/Dannenberg Landslide 3.11.pdf

 

[jabaro]

What is the name of your state, jabaro, or, if not in the US, what is the name of your country?

The name of my state is West Virginia, but the software would be used all over the US and probably the world. FWIW, these devices are just a small part of the whole, we're not trying to sell the virtual devices themselves.

 

[quincy]

The name of my state is West Virginia, but the software would be used all over the US and probably the world. FWIW, these devices are just a small part of the whole, we're not trying to sell the virtual devices themselves.

Thank you for providing your state name, jabaro.

As you could probably tell from the article I provided for you to read, whether a patent is infringed with a simulation cannot be answered with an easy "yes" or "no." The most that can be said is that a patent holder might object and, although it could be an uphill battle for the patent holder to show infringement, if the patent holder is climbing that hill to fight the battle, it means you have been sued.

Your college probably has a legal department. I suggest you start there. Otherwise your school should contact a patent attorney for a personal review of the specifics of your use of the patented material. It is better to get a legal opinion on this now, before it becomes a potentially costly legal issue for the school.