Re: Re: prior user rights in the US

Subject: Re: Re: Re: prior user rights in the US

Comments:
: : : If company A has an earlier priority date to company B of ten days on literally the same claims and then company B gets an issued patent but company A decides to sell the technology on during the patent application period and abandons their application. Then does company A have prior user rights? : : Dear David you are starting with legal conclusions. The priority date is not a conclusive issue. : : 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® : : E arly L egal A dvice I s N ot E xpensive(sm) : : David---I think company A does not have "rights". By this I mean they can use the technology if the dates are as you say they are. Company B may have a patent but company A would be considered prior art which makes the patent unenforcable and maybe invalid. If company B was aware of Company A and did not disclose the information on their patent application, company B could very well have trouble at the pass. You might want to read Title 35 Chapter 30 Sec. 301 of the USC. : Joy

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