The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Dec 14th, 2019, 1:25pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Infringement
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Patenting an Already Existing Item
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Patenting an Already Existing Item  (Read 987 times)
shannu
Newbie
*




   


Posts: 13
Re: Patenting an Already Existing Item
« Reply #5 on: Oct 11th, 2007, 1:46am »
Quote Quote Modify Modify

I agree with what pentazole is saying.  
 
How can it be possible for a person (who knows about patent / patent system) to apply for patent for already patented invention? Knowingly, he can not take such a big risk and therefore I believe that he must have different invention in place.  
 
Regards
IP Logged
JonF
Newbie
*




   


Posts: 3
Re: Patenting an Already Existing Item
« Reply #6 on: Oct 12th, 2007, 8:38am »
Quote Quote Modify Modify

His is very slightly different, but what he's doing is sending letters from his lawyer to everyone claiming "infringement on HIS intellectual property" as though they copied him and made an insignificant change. The only perceivable difference in his tool from the one that's been out for the last 20 years is a small hook at one end for hanging it up rather than the "nail hole" on everyone else's. No one is making the "hooked" version except him, but the letters are still going out.  
 
Thanks for the information. It sounds like we're going to be throwing a stupid amount of money at this.
IP Logged
pentazole
Full Member
***




   


Posts: 197
Re: Patenting an Already Existing Item
« Reply #7 on: Oct 12th, 2007, 12:03pm »
Quote Quote Modify Modify

You don't have to, but just out of curiosity, would you mind posting the patent numbers of the old and new patent?
 
Is the new patent issued yet?  If it is, or it's pending, whether you think it's stupid or not is really a matter of personal opinion.  It's up to the PTO/courts to decide.  So if you're getting infringement letters, then you should look at it a bit more seriously/professionally and not just dissent based on personal feelings.
IP Logged
Pages: 1 2  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