An attachment would probably be okay, see my earlier post. Arguing that “it works on the same principle as the original device” might complicate things a bit, but if you also asserted that it somehow “enhances” the effect, you’d probably be okay. You don’t get a patent on “principles”, as those are usually assumed to be physical laws, and such are not patentable. You patent devices and methods, even if very broad ones, not “principles”.
Generally not. It’s better if they can, but it’s not an absolute requirement. Consider the discovery of X-rays. No one at the time knew the “principles” behind X-rays and radiation, but they could show that X-rays really did pass through many objects, which was useful, even if we didn’t really understand how it worked.
So in your case, you’d likely end up with dueling testimony from users. They’d put up someone who said, “Their device aligned my chakras in only 2 hours!”, then you’d put up someone who’d say their chakras aligned in only 1 hour after they added your device to the original one. Clearly, you’re adding something new to the system/process to produce that improved result, so you’d likely be okay, even if you used the same “principles” to design your device.
I just like the idea of letting the other guy do all the bullshitting effort and then I just step in and say, “Yeah, ditto! Now for an extra $50, I’ll make it work even better!” What’s he going to do? Say my claim is quackery?
Their claim is so about “scalar waves” to align chakras or whatever. You say your device uses ultrasonic waves to align chakras. How is that infringement?
Still, I don’t think it’s a case where they have to now prove their device works.
You might sue them for harm caused by their device. You say through the scalar waves, and now you gained 10 pounds, caught covid, and your wi-fi crapped out. They say prove it, you show pictures/video of being treated, then documents to support whatever happened.
Maybe get a different holistic healer to testify how you came to them and your chakras were a mess they had to straighten out.
Now they claim their device couldn’t do that, stress their claims that they effect the chakras and the principle that if something can have an effect, that effect can be good or bad. Demand they prove it couldn’t.
They would probably try to settle, maybe offer ludicrous sums. You can do that when you’re scamming - just scam a few more people.
I honestly don’t know. Someone knowing legal procedure in torts works have to chime in on how eventide effective it might be.
My gut feel is that their isn’t a way to make them demonstrate effectiveness in an objective manner.
That probably wouldn’t be infringement. But it also wouldn’t let you ride on the coattails of their scam, which was the point in question. Why would I buy your ultrasonic waves crap, if I’m trying to use scalar waves?
Just to clarify, my questions was in the spirit of trolling the original scammer by riding his coattails. To put him in a position where in order to shake me, he has to show he’s a quack.
In that case, the answer is “No”. The scam artists don’t use their patents like that. They stay as far away from courts as possible, because the courts have means to compell real answers that the patent office lacks.
They’re using the patents to give a veneer of legitimacy to their crap, because far too many people don’t understand what a patent really means, in real-world terms.