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Topic: Restrictions resulting from a Patent Application (Read 3549 times) |
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Lancaster
Newbie
Posts: 2
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Restrictions resulting from a Patent Application
« on: Oct 19th, 2007, 4:37am » |
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Hi,
I'm new to the forum - it looks like an excellent resource and I'm hoping someone can give me some advice.
I am about to produce a product, the technology for which has been in the public domain for some time.
Another company has applied for a patent for this product. I do intend to monitor the patent and will probably challenge it when it is published.
In the meantime, how can I proceed? Do I have to stop trying to sell this product because they have applied for a patent for it?
What, if any, restrictions am I under, as a result of them registering the patent application?
TIA for any comments.
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Wiscagent
Full Member
Posts: 843
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Re: Restrictions resulting from a Patent Applicati
« Reply #1 on: Oct 19th, 2007, 4:42pm » |
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There is no legal requirement that you stop selling a product just because someone else applied for a patent that would claim your product.
Whether or not you decide to stop selling the product is a business decision. But keep in mind that a patent may never issue from the application; and even if a patent does issue, it may not cover the product you will be selling at that time.
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Richard Tanzer
Patent Agent
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Lancaster
Newbie
Posts: 2
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Re: Restrictions resulting from a Patent Applicati
« Reply #2 on: Nov 5th, 2007, 4:09am » |
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Thanks Richard, very helpful.
Best Regards
Martin
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Bill Richards
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Posts: 758
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Re: Restrictions resulting from a Patent Applicati
« Reply #3 on: Nov 5th, 2007, 7:06pm » |
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Just to expand on Richard's post, if the potential patentee is marking his goods with "patent pending", then a notice function is effected and recoverable infringement may begin as soon as the patent issues. Maybe a litigator can expand further?
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| « Last Edit: Nov 5th, 2007, 7:07pm by Bill Richards » |
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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Wiscagent
Full Member
Posts: 843
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Re: Restrictions resulting from a Patent Applicati
« Reply #4 on: Nov 6th, 2007, 3:19am » |
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Good point Bill. I hope a litigator expands further on this issue, because I've never been clear on the meanings of "reasonable royalty", "substantially identical", and "actual notice" in the context of 35 USC 154 (d). Is there a significant body of case law yet?
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| « Last Edit: Nov 6th, 2007, 3:19am by Wiscagent » |
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Richard Tanzer
Patent Agent
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