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Patent Infringement
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   Use of Patent-Pending on a product.
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   Author  Topic: Use of Patent-Pending on a product.  (Read 444 times)
johnST156
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Use of Patent-Pending on a product.
« on: May 23rd, 2007, 10:12pm »
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A question regarding the use of "Patent Pending" on a product.
 
On Jan 2000 I filed a Patent-Application in a Paris-Convention member state (but not the US).
 
On Jan 2000 I started marketing a product dominated by the Patent-Application in the US.
 
(1) According to US law, can I mark the product sold in the US already during 2000 with the mark "Patent pending" ?
 
(2) Does it make any difference if my filing on Jan 2000 was in the US ?
 
(3) In the case of filing in the US, is there any affect to the 18 months till publication ?
That is to say, what if I marked the product with Patent-Pending and a potential infringer turned to me during 2000 with a request to see the Patent-Application in order to ensure he does not infringe. Obviously I will only allow one to inspect the Patent-Application before it is published.
 
 
« Last Edit: May 24th, 2007, 5:42am by johnST156 » IP Logged
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