The following is posted for Tom Lepsche. From: Lepsche, Thomas (NM75) > Sent: Monday, September 14, 1998 12:16 PM > To: 'TechNet E-Mail Forum.'; [log in to unmask] > Subject: RE: [TN] soldering patents > > Ed, > For my own information I ran this by my patent attorney. His > response is as follows: > > (Tom, feel free to provide this information to your colleagues as long as > the disclaimer accompanies it.) > > I didn't read the abstract nor do I know anything about the process but > here are some general comments. Without knowing more about the patent's > history, it looks as if the patent below still has about 5 years left > (assuming maintenance fees were paid to keep it active, if not, then it > goes into public domain). > > A process can be patented. Once a patent issues it is presumed valid. This > presumption can be overcome if the accused infringer can show that there > are facts in existence that would indicate the patent should not have > issued in view of public domain facts. > > During the life of the patent (17 years from date of issue or 20 years > from date of filing), patents are not public domain; a patent cannot be > practiced by anyone without permission or license from the patent owner. > This applies to any case in which the patented invention is made, used > (even for internal use such as assembly), or sold. > > If a party knowingly practices the patented invention without permission, > then that party may be liable to the patent owner for triple the amount of > damages suffered by the patent owner (known as treble damages for willful > infringement). On the other hand, if a party obtains the legal opinion of > an attorney which says the patent is not valid (due to, for example, other > prior publications or patents), then the willfulness is removed but the > accused infringer may still be liable for the underlying damages. Such an > opinion would consider facts from the public domain, such as expert > witness testimony, publications or patents predating the patent in > question, facts relating to the sale of the patented invention (there is a > one-year grace period for filing a patent application following a sale or > offer to sell an invention). > > The patents and publications that are referenced on the face of the patent > are those that were considered by the US Patent Office during the > examination. Merely because a patent issues over those references does not > mean that the patent can be practiced without obtaining permission to use > other patents as well. (A patent gives the patent owner the right to > exclude others from making, using, or selling the invention and not the > right to practice those rights.) The patent office tries to consider all > relevant information, but it is not always available at the time of > examination. > > The best bet is to have a patent attorney evaluate the patent in view of > the particular process being contemplated. > > Please let me know if you have other questions. > > Legal Disclaimer: The information contained in this email message is > intended to help you understand some basic legal concepts that may affect > your business initiatives under a confidential relationship. This email > should not be interpreted as legal advice or a legal opinion. The > providing of this email does not create an attorney-client relationship. > Do not act or rely upon law-related information in this form without > seeking the advice of an attorney; the information should not be > substituted for the legal analysis that can be provided by your attorney. > Semper Fi > Tom > > ---------- > From: Ed Holton[SMTP:[log in to unmask]] > Sent: Wednesday, September 09, 1998 6:32 AM > To: [log in to unmask] > Subject: [TN] soldering patents > > Fellow professionals: > Yesterday, while doing some research on soldering and a new soldering > method, I discovered that there is a number of U.S. patents for soldering > and soldering techniques. I remember several months ago, there was some > discussion about another company having a general SMT assembly process > patent, but I never found out what the resolution of the issue was. For > example, below is a copy of the abstract of U.S. Patent # 4,605,153 I > found > during my research. To me, this sounds like the reflow pads used for MELF > components. I have used this pad numerous times over the years, getting > the idea, and seeing it discussed in SMT magazines, at NEPCON seminars, > and > in the IPC design standards. There were numerous other patents listed as > reference with this patent, all pertaining to soldering. > > I am not a patent lawyer, and my knowledge of law is limited to one > Business Law class in college and the reading of John Grishm novels. I > consulted our company lawyer, and he has a basic knowlege of patent law, > but was unable to answer the question. He could research it futher. I > thought I would ask my fellow professionals first. > > The question: If there is a U.S. Patent for a soldering process, can the > method be used by other companies for assembly? If it is a new process, is > permission needed, etc.? If the process is already in use, learned as > described above, what are the legal ramifications? All of my assembly > knowledge is based on practical experience, reading of journals, training > classes and discussions with you, my fellow professionals. Never has > anyone ever stated that an assembly process is patented, and you must > obtain permission to use this process, or pay royalties, etc. To find > that > a SMT pad design is patented really amazed me, if this idea is patented, I > am sure that with futher research that there are numerous other patents > for > all aspects of assembly and soldering. At what point, or how is it > determined if the patent is proprietary or is it public domain? > > Thanks > > Ed Holton > Manufacturing Engineer > Hella Electronics > > THE PATENT: > > United States Patent > > 4,605,153 > Van Den Brekel, et. al. > > Aug. 12, 1986 > > > Shaped solder pad for reflow soldering of surface mounting cylindrical > devices on a circuit board > > Abstract > > A solder pad is provided at each end of a mounting position for a > cylindrical electronic device on a circuit board. Each solder > pad has two humps of solder spaced apart in a direction normal to the axis > of the device, the humps defining a channel in which > the end of a device can rest prior to being reflow soldered. The humps > have > a convex arcuate outer surface in plan view and > when viewed in a direction parallel to the axis of the device has a > profile > which is of convex arcuate form. The humps are > formed by depositing a thick patch of solder paste at each hump position > and heating the circuit board and solder paste to melt > the paste. After positioning of devices, the solder is reflowed to attach > the devices. > > > Inventors: > Van Den Brekel; Jacques (Nepean, CA); Ho; Thomas K. Y. (Ottawa, > CA). > Assignee: > Northern Telecom Limited (Montreal, CA). ################################################################ TechNet E-Mail Forum provided as a free service by IPC using LISTSERV 1.8c ################################################################ To subscribe/unsubscribe, send a message to [log in to unmask] with following text in the body: To subscribe: SUBSCRIBE TechNet <your full name> To unsubscribe: SIGNOFF TechNet ################################################################ Please visit IPC's web site (http://www.ipc.org) "On-Line Services" section for additional information. 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