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Is this Patent Registered or just applied — US 2012/0228338 Vented spout

There is no Invention in it. There are already many such products in market, but this guy is claiming to be the inventor. This type of product has been around for many years.

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Thank you so much Sir for answering my question. Also we would like to know that Is there any Law that we cannot sell similar product like this one which is applied for and still the results are not out. As the company is threatening us that we will be sued if we try to sell similar product like them. Please clearify that till the results are not out we can sell and serve the market there and destroy the monopoly they have created, and help buyers and Consumers there. Please reply. Thanks Kalpesh kalpesh_dodia@yahoo.com Mumbai India –  user5815 Sep 20 '13 at 7:15

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If you look in Public PAIR http://portal.uspto.gov/external/portal/pair you can get the exact status of this application. It ia listed as "Docketed New Case - Ready for Examination" -i.e. not yet granted. It has not yet been examined and if you are correct, the Examiners should reject it. You will be able to follow the progress in PAIR.

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Thank you so much Sir for answering my question. Also we would like to know that Is there any Law that we cannot sell similar product like this one which is applied for and still the results are not out. As the company is threatening us that we will be sued if we try to sell similar product like them. Please clearify that till the results are not out we can sell and serve the market there and destroy the monopoly they have created, and help buyers and Consumers there. Please reply. Thanks Kalpesh kalpesh_dodia@yahoo.com Mumbai India –  user5815 Sep 20 '13 at 7:18
    
You should consult a patent attorney or a lawyer specializing in Intellectual Property law for that sort of advice. It depends on a lot of things, including where and how you might market the product. This could be a problem in Indian law and/or US law or international law according to the various agreements that there may be. The threat may be a bluff, but may not be. A large company may threaten a small one knowing that the costs of defending will be large. This is not a forum to give specific advice for legal isues. –  Epicentre Sep 23 '13 at 17:36
    
Sir, I checked this status and it shows like this Abandoned -- Failure to Respond to an Office Action what does it mean. Please help us. thanks Kalpesh –  user7411 Dec 16 '13 at 6:26
    
@Kalpesh - If this is a final abandonment it means that the USPTO wanted an answer to a query and the applicant did not reply. If you go into Public Pair (link in reply) and search the publication number 20120228338 you will be able to choose "Image File Wrapper" and download the whole correspondence. To be sure that this is final consult a patent attorney, because there may still be a slim chance that they could revive the application, but it looks to me as though the application has been abandoned. –  Epicentre Dec 19 '13 at 5:27

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