PATENTS! How to get around?

[TreyAllDay]

Hey fastlane Fam! Sorry I haven't posted in a while, it has been an eventful couple months!

I was hoping someone has some experience in this sector and can lend insight. I have a client on our digital signage program, they want to run a campaign where customers download their app to interact with the signage and play games, quizzes, etc where the signage screen is the scoreboard and the phone is where they play the game.

There is a company named TimePlay (i'm sure some of you know them) when you're waiting for a movie to start, the screen will show trivia and you can download the cineplex app to play along, as well as be shown on the movie screen scoreboard. They have a patent on this tech.

My question is: Can I just call them and ask if I'm infringing on their patent, with my client's idea?

If it helps: their patent for my country is here: Patent 2368838 Summary - Canadian Patents Database

 

Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

[Supercar]

I dabbled in patenting a couple of my inventions. Paid LegalZoom to do patent searches for me. Maybe I could have done it myself for cheaper, but did not want to bother. Anyway... they sent me two long 20+ page reports with similar inventions, many of which looked or were described ALMOST EXACTLY like mine. That stopped me in my tracks. I made two conclusions:

1) Many people and even companies patent things, but never bother to implement them, hoping someone comes along and pays for their patent and makes them rich.

2) More importantly, many patent filers submit and get their patents approved on nearly the same item that has already been patented. I didn't believe I could patent what I had after seeing those 20+ page reports with very similar inventions. But how the heck did the last few guys got their patents approved?!! I have no idea. But next time I have a patentable idea that promises nice profits I will be more aggressive with trying to patent it.

 

[Kid]

My question is: Can I just call them and ask if I'm infringing on their patent, with my client's idea?

If you'll start convo in this way, they'll tell you yes.
You can call them and ask for a licence.

But how the heck did the last few guys got their patents approved?!! I have no idea.

The reason for this is that patents can be invalidated by court. That's common practice - instead of proving that you didn't infringed the patent you prove that patent shouldn't be granted in a first place.