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Topic: When is a patent application posted for public vie (Read 4590 times) |
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rocket136
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Posts: 5
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Re: When is a patent application posted for public
« Reply #5 on: Nov 11th, 2007, 3:26pm » |
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If there is something underhaned shouldn't the patent examiner be made aware of it? Otherwise it would be a wast of time effort and money if it is overturned
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PA
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Re: When is a patent application posted for public
« Reply #6 on: Nov 11th, 2007, 4:23pm » |
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on Nov 11th, 2007, 3:26pm, rocket136 wrote:| If there is something underhaned shouldn't the patent examiner be made aware of it? Otherwise it would be a wast of time effort and money if it is overturned |
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Care to provide an example of what you would see in a patent application that is "underhanded"?
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DJoshEsq
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Re: When is a patent application posted for public
« Reply #7 on: Nov 12th, 2007, 11:44am » |
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It is a good idea to monitor the publication of the application, if you worried that you may infringe. However, you should seek an opinion from counsel, especially if that party has provided notice of the patent publication to you OR if that party has sent you a copy of the patent publication.
Damages may be awarded from the time of publication if there was notice and if the claims issue substantially similar to the claims at the time of publication.
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D. Joshua Smith, Esq.
Registered Patent Attorney
McDonald Hopkins, LLC
Cleveland, OH
216-348-5400
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Skunk Works
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Re: When is a patent application posted for public
« Reply #8 on: Nov 12th, 2007, 4:14pm » |
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Underhanded stinky things in patent applications:
Inaccurate inventorship identification;
Failure in the duty of disclosure;
Mischaracterization of prior art;
Ridiculous lack of enablement; and ...
I'm sure there's more out there.
The bottom line is, people do do stinky things in patent applications. That's right, I said "do do stinky."
Stinkyness can be battled at the application stage prior to issuance. One may submit art in a published application (see 37 C.F.R. 1.99). One can contact the applicant and attempt to persuade them to correct inventorship (see 37 C.F.R. 1.48). An application may be protested (see 37 C.F.R. 1.191). An applicant may suggest an interference (see 37 C.F.R. 41.202). These are only some of the most obvious things one can do.
A creative and experienced patent attorney may have many ideas toward defending your rights if something underhanded is happening in a patent application that affects you.
There may be little that can be done prior to publication of the application ... but the facts of the situation should be considered ASAP if you think such an application has been filed.
I'm assuming rocket136 is not a patent practitioner so I'm cutting some slack on the terms "reftuing" and "stinkyness" ... but I think that rocket136 is trying to pose a question that goes something like this in patent practitioner terms:
"Might I affect a patent application filed by another toward an invention in which I have an interest?"
To which the answer is:
"Yes!"
I can't tell whether PA is trying to help, learn, or be a smarty pants, but rocket136 should consult a patent attorney with all available facts if this concern is worth the costs that will be incurred in getting legal help.
Good Luck!
and don't let any Smarty Pants hold you back!
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PA
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Re: When is a patent application posted for public
« Reply #9 on: Nov 12th, 2007, 5:37pm » |
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I wasn't trying to be a "smarty pants." It's fine to list out possibilities, but guessing is an inefficient approach.
I think the OP can best be helped if he lets us know what he considers to be underhanded in the filed application.
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