The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Aug 21st, 2019, 9:41am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Infringement
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Patent Pending Infringement
« Previous topic | Next topic »
Pages: 1 2 3 4 5 6  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Patent Pending Infringement  (Read 3139 times)
biopico
Full Member
***




   


Posts: 434
Re: Patent Pending Infringement
« Reply #10 on: Sep 11th, 2007, 8:44pm »
Quote Quote Modify Modify

Stcrim:
 
You need to be able to analyze the scope of your claims (each and every element) in greater detail and determine why/how they are infringing your claims.  
 
If you believe your patent is worth big $$$, you might want to retain an attorney to represent you if not pro se.
 
 
 
IP Logged

Registered Patent Agent Specializing in All Areas of Biotechnology
stcrim
Newbie
*




   


Posts: 6
Re: Patent Pending Infringement
« Reply #11 on: Sep 12th, 2007, 10:24am »
Quote Quote Modify Modify

There is no question they are infringing - we tried to partner with them about a year ago.  They liked the idea so much they took it letter for letter and word for word.  For a short time they even had my contact info in the comment section until they discovered it.
 
Does anyone review patents (Jim do you?) to see if they have a chance of issuing?  I've heard Business method patents are being turned down just because they are business method patents.  Not really fair to those of us who actually invented or created something.
 
At this point I just want to make sure my application issues in 4 or so years so I can knock on their door again.
 
Does anyone review patents and make recommendations?
 
-s-
IP Logged
PA
Guest
Re: Patent Pending Infringement
« Reply #12 on: Sep 12th, 2007, 11:36am »
Quote Quote Modify Modify Remove Remove

on Sep 12th, 2007, 10:24am, stcrim wrote:
At this point I just want to make sure my application issues in 4 or so years so I can knock on their door again.

I forgot what the exact pendancy numbers are, but if you mean 4 years from filing, that might be a pipe dream depending on the TC your application is assigned.
IP Logged
stcrim
Newbie
*




   


Posts: 6
Re: Patent Pending Infringement
« Reply #13 on: Sep 12th, 2007, 2:45pm »
Quote Quote Modify Modify

I'm told it's almost 5 years from filing until they look at it.  Talk about holding up commerce...
 
-s-
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: Patent Pending Infringement
« Reply #14 on: Sep 12th, 2007, 7:47pm »
Quote Quote Modify Modify

on Sep 12th, 2007, 10:24am, stcrim wrote:
Does anyone review patents (Jim do you?) to see if they have a chance of issuing?  I've heard Business method patents are being turned down just because they are business method patents.  Not really fair to those of us who actually invented or created something.

Yes, some people do and I do as well.  And, it's a little more complex than just being rejected as taboo.  And, more than just telling you whether you have a chance, whoever you use should help you with a strategy to improve your chances and speed things up.
 
I have to say that the whole thing is really silly.  People speculated for years that there might be a "business method" exception to eligible subject matter for US patents.  At that time, the PTO didn't have any special rules/hurdles for "business method" inventions and they were processed more or less like any other technology.  Then, when the Federal Circuit announced that such speculation was wrong and that designation as a "business method" was more or less meaningless in US patent law, the PTO designated applications as such and set up special hurdles to make those applications more difficult to allow.  In other words, when it was established in US law that standards for "business method" applications should be relaxed to the same standard required of other inventions, the PTO did the opposite and made things even more difficult.  Imagine that you're sitting and someone says, "Despite some thinking it's best to stand, it's actually best to sit."  So, you stand up.  Whatever....
 
At one point, I had heard that the backlog for "business method" patents was 14 years.  I hope it's better now.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1 2 3 4 5 6  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board