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Patent Infringement
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   patent pending infringement
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JimIvey
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Re: patent pending infringement
« Reply #5 on: Mar 14th, 2005, 12:06pm »
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None of that is fixed for you.  It's all up to your negotiation with potential licensees/assignees.
 
So, you have to decide what you want and what you're willing to give up for it.  It would also be advisable to estimate what they would want and what they would be willing to give up for it.  That's basic Negotiation 101 technique and well beyond this forum.
 
Regards.
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James D. Ivey
Law Offices of James D. Ivey
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JSonnabend
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Re: patent pending infringement
« Reply #6 on: Mar 14th, 2005, 1:58pm »
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If you have an attorney handling this matter, why are you seeking advice here?  Either you trust your attorney's advice, or you've hired the wrong attorney.  
 
Relying on free advice from strangers in a public forum over that of your own attorney -- even when the advice on the forum is from qualified attorneys such as Jim -- is a poor decision, I believe.  Second guessing your attorney doubly so.
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
amy hamsher
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Re: patent pending infringement
« Reply #7 on: Oct 2nd, 2007, 12:39pm »
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I have a large company that wants me to pay them a % for a product that I am producing.  They have a patent pending but that is all at this point.  I could not find anything that said patent pending when I made my procut.  I am a small company and they are a LARGE company.  Everything I have read says they can't do ANYTHING until the patent is granted.  I have some doubts about the patent being granted.  
They say I HAVE to pay since I infringed on their patent pending. EVERYTHING I have read says they can't touch me until the patent is granted.  I don't have the money to fight them.  Are they just trying to scare me?  What do I do?  
I don't feel like I owe them anything.  
 
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patag2001
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Re: patent pending infringement
« Reply #8 on: Oct 2nd, 2007, 2:33pm »
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Amy,
 
You are correct.  They cannot touch you until their patent is granted.
 
However, one milestone after a patent is filed is referred to as the publication date of a patent application.  This is typically about 18 months after filing.  After the publication date, the applicant is entitled to “provisional rights”.  Once the patent is granted, the provisional rights allow the applicant (patent holder), to apply any royalty claims from the date of publication.  This is a sort of retro-claim for the time between publication and grant dates.
 
However, if they had elected not to publish their patent application, their provisional rights were waived.
 
I hope this helps!
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patent_type
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Re: patent pending infringement
« Reply #9 on: Oct 2nd, 2007, 8:14pm »
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As patag2001 said, there may be "provisional rights" by which they potentially could get damages from the time you were made aware of the patent application publication claims through when patent issues, IFF the issued patent claims are substantially similar to the published application claims.
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