I developed a software system that comprises an app for smartphones, one for tablets and a central server that manages the communications between all the instances of them.
I did a research and found out that a company already requested to the PCT an international patent for a system that does exactly the same of what mine is intended to. This patent has claims regarding what this system is used for (the IDEA), describing the architecture (central server connected to apps for smartphones and tablets and printers) and technology used for it (basic IP, XMPP, Push).
Can this patent (I am not sure this is been approved or not) can actually causes me legal problems when I will sell my system?
I ask this since I don't see any technological innovation, only an innovative idea. I intend to sell in the EU first and then worldwide (if it works of course!!!)
Thanks in advance for your help!

  • This does not sound like it should be granted a patent. You can try to stop the patent by sending in previous art.
    – ColBeseder
    Commented Nov 25, 2013 at 11:13
  • Since you haven't provided the application number or the specifics of the application it isn't really possible to answer. "Sending in previous art" is advice specific to the US system. In the EU, if the PCT has or does enter the national stage in the EPO, you can use the pre grant opposition mechanism. It is not just sending in stuff.
    – George White
    Commented Nov 25, 2013 at 19:04
  • Thanks for your comments. @GeorgeWhite: here you have the link for the application request: request In my searches I found out that at the EPO it has not yet been granted a patent (status is A1), while at the USPTO I couldn't find any reference to this application.
    – deleElon79
    Commented Nov 26, 2013 at 11:26

1 Answer 1


An application is not a patent, so until granted there's nothing stopping you going to market, but there obviously could be issues down the line. As to the WIPO patent APPLICATION in question, the reason you can't find a USPTO reference is they haven't included the US in the list of: Designated States they are considering seeking protection in.

As to the EU, if you look at the status you'll see: "the application is deemed to be withdrawn" 2015-01-21

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