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   Author  Topic: Grandfathered pproduct  (Read 939 times)
neutral1234
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Grandfathered pproduct
« on: Jan 27th, 2007, 4:42pm »
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If a product is on the market without a patent and the another version of the product is later patented by another, is the original product grandfathered?
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Wiscagent
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Re: Grandfathered pproduct
« Reply #1 on: Jan 28th, 2007, 8:28am »
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You need to more specific.
 
- When was the original product first publicly known or offered for sale?
- When was the new version of the product invented and when was the priority patent application for the new product filed?
- Specifically, what does the patent on the new product claim; and does the original product have these features?
- What do you mean by grandfathered?
- In what countries did each of these activities occur?
 
I'm sure your responses will generate additional questions.
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Richard Tanzer
Patent Agent
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