The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Aug 26th, 2019, 6:27am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent/Invention Ownership
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Restrictions resulting from a Patent Application
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Restrictions resulting from a Patent Application  (Read 2350 times)
Lancaster
Newbie
*




   


Posts: 2
Restrictions resulting from a Patent Application
« on: Oct 19th, 2007, 4:37am »
Quote Quote Modify Modify

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.
 
IP Logged
Wiscagent
Full Member
***




   


Posts: 843
Re: Restrictions resulting from a Patent Applicati
« Reply #1 on: Oct 19th, 2007, 4:42pm »
Quote Quote Modify Modify

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.
IP Logged

Richard Tanzer
Patent Agent
Lancaster
Newbie
*




   


Posts: 2
Re: Restrictions resulting from a Patent Applicati
« Reply #2 on: Nov 5th, 2007, 4:09am »
Quote Quote Modify Modify

Thanks Richard, very helpful.
 
Best Regards
 
Martin
IP Logged
Bill Richards
Full Member
***




   
WWW Email

Posts: 758
Re: Restrictions resulting from a Patent Applicati
« Reply #3 on: Nov 5th, 2007, 7:06pm »
Quote Quote Modify Modify

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?
« Last Edit: Nov 5th, 2007, 7:07pm by Bill Richards » IP Logged

William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
Wiscagent
Full Member
***




   


Posts: 843
Re: Restrictions resulting from a Patent Applicati
« Reply #4 on: Nov 6th, 2007, 3:19am »
Quote Quote Modify Modify

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?
« Last Edit: Nov 6th, 2007, 3:19am by Wiscagent » IP Logged

Richard Tanzer
Patent Agent
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