Legal Definitions - dominating patent

A dominating patent is a patent that covers a fundamental or core invention so broadly that any subsequent improvements, variations, or applications of that invention would necessarily infringe upon the original patent. This gives the owner of the dominating patent significant control over the development and commercialization of related technologies, as others must typically obtain a license to build upon the foundational invention.

• Example 1: Core Software Interface

  Imagine a company holds a patent for the fundamental concept of a "graphical user interface (GUI) that uses clickable icons and overlapping windows controlled by a mouse pointer." If this patent is broad enough to cover these core elements, it could be considered dominating. Any subsequent operating system or software application that utilizes a similar GUI with icons, windows, and mouse interaction, even if it introduces new features or improved aesthetics, would likely infringe on this original patent. Developers of these new systems would typically need to license the underlying technology from the dominating patent holder.

• Example 2: Advanced Material Composition

  Consider a patent granted for a novel alloy composition that significantly increases the strength-to-weight ratio of metals used in aerospace manufacturing, along with the basic process for creating it. If this patent broadly covers the unique combination of elements and their structural arrangement, it could be dominating. Any other company seeking to develop new aircraft components or lightweight structures using a similar high-strength, low-weight alloy based on that fundamental composition, even if they refine the manufacturing process or add minor elements, would likely be infringing. They would need to secure a license from the original patent holder to produce such materials.

• Example 3: Foundational Renewable Energy Technology

  Suppose a research institution holds a patent for a groundbreaking design of a wind turbine blade that captures energy significantly more efficiently across a wider range of wind speeds due to its unique aerodynamic profile and material construction. This patent covers the fundamental principles of this blade design. If another company develops an improved wind turbine that incorporates a blade with a very similar aerodynamic profile and material science to achieve comparable efficiency gains, their invention would likely be considered an improvement built upon the dominating patent. They would need to license the original blade technology to commercialize their new turbine design.