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My patent was filed as an EPO originating in the USA and it took almost five years to prosecute. It has ultimately resulted in award of USA patent only.

Two questions...

1) is there any jurisdiction covered by an EPO filing that would allow a patent application to be revived several years after the individual country application dates have expired? This assumes there is a deep pocket investor willing to pay for the privilage.

2) Having discovered that a clearly infringing (read obviously invalid) foreign patent has been issued in Germany. Given that situation, must I still file suit to defend my patent holder rights in the US? To my best understanding (not being familiar with German patent law) I am sure we would prevail if the case were brought forth. But I do not see a clear financial upside to me other than to clearly define me as the inventor (which I am!) Note that the invention is not trivial!!! It may be worth billions!!! Also note that the priority date for the US patent greatly predates the German patent. Indeed the German priority date is not till several months after the one year mark passed on the US application and caused the US application to be published. Also note that the German patent has already been used to establish a company. Thank you - Inventor333

  • Note: additional infringers of this invention discovered in USA Germany Japan Russia. Evidence of millions of dollars of illegal funding based on invalid patents discovered. – Inventor333 Nov 17 '14 at 5:22
  • Would you mind posting the corresponding patent numbers? It is a little difficult to assess the situation given only your vague assertions. – Dr. Stephen Falken Jan 16 '15 at 20:45
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Patents do not infringe patents. To infringe a patent someone needs to actually make, sell, use or import something that falls under the wording of a claim in a patent that was issued by the country the making, selling, using or importing occurs. If you do not have a German patent then, by definition, no actions in Germany can be an infringement on your patent rights. You don't have any rights there

If someone else has a patent issued by the German Patent Office and you think it should not have been granted due to your published prior art, you need to take it up in Germany. And as you say, even if you are successful you don't get anything.

If you intentionally dropped the EPO application there might not be able to revive it. You need an EPO agent or attorney to answer that question.

If the infringement in the U.S. represents big $$, you might just concentrate here. An aside is that patent infringement is not an illegal activity. Illegal activities are policed by a government and can result in the goverment exacting punishment. Infringment of a patent is policed by the patent owner, the government doesn't care.

  • George, thank you for your response. I did find it illuminating. One additional note... Since last post it was discovered that the infringers have licensed the invalid patent to a US based subsidiary specifically created to build and market said device in the US. Also they have secured a large seed capital start from another US based investment fund. Do you agree I now have a case? I have left out additional details of course but I assure you they only strengthen not weaken my case. I need a recommendation for an IP litigation firm that would take a continent case? – Inventor333 Nov 17 '14 at 16:28
  • You convince someone you have a case worth taking by showing that company A has made and sold a lot of dollars worth of item B in the U.S. and that item B has the all of the attributes required by one of your claims. And that you patent is solid. One company investing in another company or one company licensing a patent to another company are not on the list of activities that infringe. – George White Nov 17 '14 at 20:05

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