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Topic: Patent Pending Infringement Questions (Read 4675 times) |
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j10495t
Newbie
Posts: 4
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Patent Pending Infringement Questions
« on: Dec 13th, 2007, 10:15am » |
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Last week I came out with a product that is similar to a competitor at first glance. Other than that it is different in the way it mounts, style of what is on it and how pieces are attached to it that are necessary for proper installation.
I have done patent searches and as far as I can tell they don't have one. I have been contacted by them and they say they are sending me information on protecting their design patent. My guess is it is patent pending as they haven't even started selling yet just posted info on their site. My questions are as follows.
1. Can I continue to sell my product up until the point of the patent being issued with no consequences.
2. What consitutues substancially different. The only thing that is the same is our shape and that follows the lines of the product it mounts onto. Everything else is different, but at first glance you may not noticed everything.
3. Is their a good notification process for when the actual patent is issued.
Thanks,
Jay
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TataBoxInhibitor
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Posts: 456
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Re: Patent Pending Infringement Questions
« Reply #1 on: Dec 13th, 2007, 11:33am » |
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1. No.
2. Difficult to answer given the facts provided - find legal counsel. I am not sure what "substantially different" means in the context you are asking. It really depends on what the claims say, in light of the specification. Patentability and Infringement are two different animals.
3. I am not aware of any. You can always periodically check the Patent Gazette, however, maybe there is a paid for service?
Regards,
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j10495t
Newbie
Posts: 4
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Re: Patent Pending Infringement Questions
« Reply #2 on: Dec 13th, 2007, 11:35am » |
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So once i am notified of a pending patent I just have to wait it out to see if they get their patent?
Thanks,
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TataBoxInhibitor
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Posts: 456
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Re: Patent Pending Infringement Questions
« Reply #3 on: Dec 13th, 2007, 11:50am » |
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No. Wait until the pending application is published, which is 18 months from the date of filing, or priority date claimed. You can then determine what is and what is not covered by reading the patent application. Of course, during the prosecution of the patent application, the scope may change.
A patentee is given what is called "provisional rights," which if the patent application issues, and the claims are substanitally similar to those found in the publication, then damages could possibly stretch back to that publication date, which is the date of "notice."
Regards,
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TataBoxInhibitor
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Posts: 456
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Re: Patent Pending Infringement Questions
« Reply #4 on: Dec 13th, 2007, 11:52am » |
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Also, you can continue to do what you want until publication. Then make that determination once the application is published.
Regards,
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