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Topic: Confidentiality agreements and patents (Read 2455 times) |
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Tony Kondaks
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Re: Confidentiality agreements and patents
« Reply #5 on: Jul 24th, 2007, 12:17am » |
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What recourse can one have if someone is infringing upon a patent pending? Can you put them on notice, so to speak? That is, say to them that this is patent-pending and you're violating it but I will wait the 2 or 3 years before I am granted a utility patent before I will sue?
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still_studying
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Posts: 48
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Re: Confidentiality agreements and patents
« Reply #6 on: Jul 24th, 2007, 3:39pm » |
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on Jul 24th, 2007, 12:17am, Tony Kondaks wrote:| What recourse can one have if someone is infringing upon a patent pending? Can you put them on notice, so to speak? That is, say to them that this is patent-pending and you're violating it but I will wait the 2 or 3 years before I am granted a utility patent before I will sue? |
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Take a look at 35 USC 154, particularly paragraph (d), "provisional rights". That's pretty much it. You can talk at them as much as you want, but until you have an issued patent, they don't have to do anything.
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Isaac
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Posts: 3472
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Re: Confidentiality agreements and patents
« Reply #7 on: Jul 24th, 2007, 4:51pm » |
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on Jul 24th, 2007, 3:39pm, still_studying wrote:
Take a look at 35 USC 154, particularly paragraph (d), "provisional rights". That's pretty much it. You can talk at them as much as you want, but until you have an issued patent, they don't have to do anything. |
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Just to be clear "provisional rights" are not available based on the filing of a provisional application for patent. I don't know if "patent pending" is meant to refer to the filing of a provisional.
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Isaac
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JimIvey
Moderator
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Posts: 2584
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Re: Confidentiality agreements and patents
« Reply #8 on: Jul 24th, 2007, 9:43pm » |
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Just a short summary of "provisional rights". You can't stop anybody from making, using, selling, importing your invention until your patent issues. You may be able to collect a reasonable royalty for unauthorized making, using, selling, importing of your invention as far back as publication of your patent application. But you'll have to wait to sue for those reasonable until your patent issues.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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MrSnuggles
Full Member
Posts: 119
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Re: Confidentiality agreements and patents
« Reply #9 on: Jul 26th, 2007, 10:35am » |
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My comment was only to imply that you have some protection, not patent-like or patent protection, but some protection against another person absconding with your idea if you file a provisional application. That "protection" may be mitigated by whether you fully enabled your idea with the description in the provisional, etc.
As I stated, you can only sue if you have a valid patent.
I brought up the aspect of provisional rights in another post on these boards. Academically, they are interesting, but in practice, it seems they are rarely enforced.
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