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Re: expired patetns

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Posted by M. Arthur Auslander on May 07, 2001 at 03:28:48:

In Reply to: expired patetns posted by Dr. Dauphin Pickard on May 05, 2001 at 13:11:08:

: If a licensee pays for patents said to be alive(existing) and after payement is made its found out that the patents had lapsed(due to non-payment of maintenance fees) what recourse does the licensee have?

Dear Dr. Pickard,

Without taking professional responsibility for these thoughts it looks like a failure of consideration or possibly a fraud. There ought to be a good cause of action for recovery of the value given and recision of the agreement.

From a pracical point of view, the patent rights may be used, unless there is a danger of the patents being reinstated.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

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Subject: Re: Re: expired patetns

Comments:
: : If a licensee pays for patents said to be alive(existing) and after payement is made its found out that the patents had lapsed(due to non-payment of maintenance fees) what recourse does the licensee have? : Dear Dr. Pickard, : Without taking professional responsibility for these thoughts it looks like a failure of consideration or possibly a fraud. There ought to be a good cause of action for recovery of the value given and recision of the agreement. : From a pracical point of view, the patent rights may be used, unless there is a danger of the patents being reinstated. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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Re: expired patetns

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