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Patent Infringement
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   Patent Pending Infringement
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   Author  Topic: Patent Pending Infringement  (Read 3177 times)
stcrim
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Patent Pending Infringement
« on: Sep 8th, 2007, 4:13pm »
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I have a patent pending and I have a company (husband and wife) that has knowingly been infringing on it for quite some time now.  My patent attorney tells me he can write them a letter for $500 and inform them of what they already know, that they are infringing on my pending patent.  My attorney also tells me this will be in the pending status for 4 years and my hands are tied during that time.  He also say to expedite it right now would not be a good idea since almost all patents are being turned down for little or no reason at this time.
 
I just read about the American Inventor's Protection Act of 1999.  I understand I can serve notice to the husband and wife possibly making them liable for that date forward.  My first question is, is that true?
 
I think they are relying on the advice of a general law practice and my not know about the 1999 AIPA.  I'm guessing a general law firm would have told them they only become liable from the date of the Patent issuing, and only if it issues.  All I want them to do is either stop - or add a link to my patent application on the USPTO site.  If they will add the link, I'll give them a license for the term it is pending.  I'm not looking for a pound of flesh, just a way to keep some control over my web application.  Because there is no patent pending on the websites system anyone is free to steal it from the people who took it from me. Go figure!
 
By the time the patent is examined, my system could be on tens of thousands of websites.
 
Would it be a good idea to email them with the AIPA information and then send them a copy of the Patent Pending by registered mail.  I doubt they will except the registered mail so the email would be the only real way to bring them up to speed.
 
All I really want them to do is put the patent pending notice on it for now.  Any thoughts?
 
-s-
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JimIvey
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  jamesdivey  
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Re: Patent Pending Infringement
« Reply #1 on: Sep 9th, 2007, 6:35pm »
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Putting them on notice only helps if your application is published.  You don't say whether it's published, so it's hard to say whether this will help.
 
To put them on notice, you need to send them a copy of your published application.  I'd recommend you use someone with familiarity of patent litigation to write the letter for you.  
 
To have the notice be useful for you, you'll need the published claims to be substantially similar to the claims that ultimately issue.  Maybe you'll be lucky and that will happen.  However, you can make some luck for yourself if you have some time prior to publication.  You can do some independent analysis of your application and prior art and try to "pre-exam" your application and amend the claims early enough to have them included in your published application.
 
For those of us playing buzz-word bingo, here is some "out of the box" thinking.  I have no idea how the law would resolve this....
 
Suppose your application is published with claims you don't like (liked them when you filed but now think otherwise).  You amend the application to have claims you like now.  In your letter including your published application, include a copy of the amendment from public PAIR (pubished, right?). Does that count?  I think it comes down to a technical reading of the applicable statutes/rules.
 
Regards.
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James D. Ivey
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Re: Patent Pending Infringement
« Reply #2 on: Sep 9th, 2007, 6:59pm »
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The OP suggested that he has a "link to [his] patent application on the USPTO site."  I took this to mean that his patent application is published, although it's not entirely clear.
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stcrim
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Re: Patent Pending Infringement
« Reply #3 on: Sep 9th, 2007, 8:17pm »
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Jim,
 
Yes, it is published, we paid to have it published early.  I have a link to it in my email signature so anyone who receives an email from me knows about it.
 
I don't want to chase my tail but would like to know what can be done and what makes sense.  How can I contact you away from the public arena?
 
-s-
« Last Edit: Sep 9th, 2007, 8:28pm by stcrim » IP Logged
JimIvey
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  jamesdivey  
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Re: Patent Pending Infringement
« Reply #4 on: Sep 9th, 2007, 10:10pm »
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I do check my private messages here and my web site is in my signature below.  There's a "contact us" form there.
 
Remember, I don't litigate.  A patent litigator would know more about how to proceed.  I can help a little with ways you can put your best foot forward, but you'll need someone savvy in the ways of patent litigation when it's time to send "the letter."
 
Regards.
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James D. Ivey
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