Friday 30 January 2015

Designed Around

Mansfield-based Johnson Magnetic Filters filed a patent application in May 2011 for a magnetic filter apparatus 'configurable to remove both magnetic and non-magnetic particulate impurities from fluid flowing through a central heating system'.  The application was granted in May 2013.

In the interim, Sheffield company Eclipse Magnetics Ltd launched their Boilermag (TM) Domestic Heating System Filter, which they claimed 'removes both magnetic and non-magnetic debris'.

In September last year, Johnson sought an opinion from the UK Intellectual Property Office that the Boilermag (TM) product infringed its granted patent.

However, last month, the Office issued its opinion that Eclipse had designed its Boilermag (TM) product - most likely without knowledge of Johnson's patent - such that it fell outside the scope of that patent and so did not infringe.

If there is no infringement, then Johnson cannot use its patent to exclude the Boilermag (TM) product from the UK market.

This is but one of many ways of using intellectual property in engineering business. You should of course seek professional advice on your own particular circumstances.

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