Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?
US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)
Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?
Thankyou
A:
If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted later, and you have been using the method, you could owe money to the inventor, and the inventor could then stop you from using the method further without permission.
If you want to use the same method, then you can approach the inventor and ask for a licensing agreement. Alternatively or additionally, you can consult with a patent attorney who can advise you how likely it is that the patent application will be granted, and whether there may be steps you could take to try to prevent the patent from being granted.
This particular patent application appears to have only composition of matter claims, rather than method claims, so it only protects the finished product. Likely there are related patent applications, or granted patents, that cover method claims of how to make the graphene material.
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