16

Patent pending means that a patent has been filed but not issued. Filing a patent is expensive serious business and not a flim flam. The notice is there to put potential infringers on notice, like a no trespassing sign. There isn't any real security in it for the maker because if the patent is rejected it means nothing.


10

As Duckpaddle has said, the mark "patent pending" means that a patent application has been filed but has not yet issued as a patent. The mark generally has no legal effect, except for the provisional rights described in the next paragraph below. In order for the mark to be used properly, however, a patent application must actually have been filed or else a ...


9

There are lots of approaches here. The only one that satisfies your 100% criteria is to give up and go home. I.e., none of the approaches are satisfactory. However, your risk here is probably relatively much less than other entrepreneurial risks associated with this venture. (1) you can conduct a freedom-to-operate search that will perhaps get a ...


8

Does this still stand? Yes. Deceptive use of 'patent pending' is an offense. More here from USPTO And more here from UK IP Office If I put a Patent Pending notice in a product do I have to describe it in the product? Not required. But you have to mention the patent application number and the country where the patent is applied for. UK information here. ...


5

In addition to DuckPaddles answer regarding not issued. Many companies only file to be granted Provision Patents (PPs) and each year when the Patent comes up for review they ask for it to be put at the bottom of the pile. This way companies dont have to pay the hundreds of thousands of dollars until they realise the idea is good enough and ...


5

There's very good discussion here: http://www.techdirt.com/articles/20100315/0058408555.shtml - one of the comments: "Jim Vitek says on his LinkedIn profile that he is one of the named inventors. Yet there's nothing on the PTO search site - I'm a patent practitioner, and I looked. Assuming a provisional was filed in January 2008, and an application ...


4

Cheapest is to write as complete a description as you can, include drawings that the text makes reference to and then fill out a provisional application cover sheet. Either mail it all to the USPTO or file it electronically using EFS-Web I suppose the fastest is to do the above but use whatever description you already have created - maybe a PowerPoint ...


4

"Patent pending" occurs when a patent application is filed and pending at the U.S. Patent Office. In other words, you need to have filed the patent application at the U.S. Patent Office and the patent application must not be granted as a patent or abandoned. Patent pending period starts the day a patent application is filed with the U.S. Patent Office and ...


4

I am not a lawyer but my suggestion is do not bother. It is the patent holders responsibility to defend their patents. By searching you are doing their job for them. I would say that it is impossible to be 100% sure you do not infringe. Patents are written to cover a broad range of uses; because of that I would guess that very little software is written ...


4

There are many nuances to this issue, and I won't be able to cover all of them. Note that a company can be liable for infringement even if it was unaware of the patents. Awareness of patents only contributes to showing willful infringement, which can have higher damages. Some cases where you want to publicize your patents: You are looking to get investment ...


3

You cannot take any action until your patent has been granted. By 'knock-off' do you mean the idea was stolen from you? Did they start manufacturing after your patent 'priority date'? If you applied for a provisional patent (and linked your patent application to provisional), did they start manufacturing after the priority date of this provisional patent? ...


3

At least in the US, this is actually required (at least the patent number bit): A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word “Patent” and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an ...


3

If you check on the USPTO's public PAIR system, you can see the status of a published application. If the application has been abandoned, the status should say, for example: "Abandoned -- Failure to Respond to an Office Action." http://portal.uspto.gov/pair/PublicPair


3

If you look in Public Pair you can see that it was abandoned in May 2009. That probably means the filer (or the filer's attorney, as the case may be) failed to respond to an office action.


2

There are many pay-per-click advertising networks. Google AdWords isn't the only one. They may quite possibly hold patents on some details of their particular implementation, but if you step on their toes you'll probably find out quickly enough. ;)


2

There isn't a reliable way to find this out other than the person sending you a copy of their filing receipt. The default is that non-provisional patent applications publish 18 months after the earliest filing/priority date. During that time the application is not publically visible. An applicant can request non-publication at the time of filing if they ...


2

Patent pending means that either a provisional patent has been filed or a non-provisional has been filed and has not been finally rejected, abandoned, or issued. Provisional patents are only valid for one year and do not get published. Assuming there is no national security restrictions, all non-provisional US patent applications are published after 18 ...


2

Can you notify them of the possible infringement of something that may become a patent? Yes, sure. Is it improper? Maybe. But then, why would it be? Is it a good idea? Probably not! Consider this: You cannot exercise any rights against them (yet). So what happens if you notify them? Best case - they don't care. Worst case: They tell you that they ...


2

To preserve your rights to ultimately file in any country (that is part of the Paris Convention or abides by it - essentially everywhere) you need to file somewhere by the day of publication. It Can be a regular application or can be a provisional application. A very few countries, notably the U.S., have a grace period allowing filing up to a year after the ...


2

I think you are asking what kind of patent application do you need. The full name of a provisional patent application is a provisional utility application. Besides utility patents there are design patents that protect the appearance of a product, not the function. "Patent Pending" means there is some patent application of some type on file. It can take ...


2

Patent US3516422 likely expired in 1987. Anyone can practice exactly what is disclosed in that patent. However, there is no guarantee there aren't other more recent patents that also may relate to a product. As you found there is a patent application US20160206031. This is an application, not yet a patent. It may or may not ever become a patent and even if ...


2

I will limit myself to the English-speaking jurisdictions, which happen to have adopted UK patents acts from various points in time, and which are therefore very similar. I would assume that Germany and China have equivalent provisions, though I do not provide any evidence to this. Australia You could not use "patent pending" in Australia on the basis of ...


1

Fraudulent use of a patent pending designation is prohibited by the law of many countries and inventors should be cautious when marking products or methods that may arguably not be covered by any pending patent application. from https://en.wikipedia.org/wiki/Patent_pending Some persons mark articles sold with the terms “Patent Applied For” or “Patent ...


1

They can both co-exist and be reviewed at the same time. The continuation-in-part application contains new matter which was not supported in the parent application. Thus, you should be claiming different things in the two applications. If the claims are not different enough (between the two applications), you may get non-statutory double patenting ...


1

As per USPTO PAIR http://portal.uspto.gov/pair/PublicPair/ Patent application abandoned on 2 Jan 2015 because of failure to respond action.


1

Well, there appears to be a corresponding PCT application from STRIPE with a seemingly identical claim set, WO2013067121. For this PCT application, the USPTO acted as the International Searching Authority and found all claims to lack inventive step in light of multiple prior art documents. See Documents -> " International Preliminary Report on Patentability ...


1

Your analysis is correct. Once you file a patent application you have a "patent pending," and therefore you can use that language. You should not say "our patented technology" unless a patent has actually been issued. If getting a patent issued rapidly is very important to you, there are numerous ways to speed up the process.


1

Further to George's answer, you don't have firm ground to stand on until the patent has been issued. Until then, you can try to scare the other party away from infringing the not-yet-in-existence-patent: get a lawyer's help to write a cease-and-desist letter, advising the other party that you have applied for this patent, and advising that when it is ...


1

Only an issued patent can be used to stop someone from selling, making, importing or using an invention.


1

Yes - you can refer to the subject matter covered in a filed provisional application patent pending. The fee actually doesn't need to be paid on that day for it to count as the filing date - you get a couple of months to get the $$ in before the application will go abandoned. This may help you see the answer to your question: (a) If a disclosure (by you) is ...


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