2 votes

Use of patent pending outside the filing country

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 ...
Maca's user avatar
  • 6,178
2 votes

US 20160206031 A1 is a patent that states its the only patent of its kind? Is this true?

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 ...
Eric S's user avatar
  • 11.1k
2 votes

For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

There is a $500 per incident penalty for false patent marking. If a application is no longer pending then it would be a false marking to mark newly produced items with that mark. Of course you can ...
George White's user avatar
  • 28.8k
2 votes

put on notice of possible infringement for pending application

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 ...
user17849's user avatar
2 votes

Where can I check for the existence of a (pending) patent?

Until an application is published it is not revealed by a patent office. If it is published and they are being coy about it you could search by inventor or assignee or subject matter. Google advanced ...
George White's user avatar
  • 28.8k
2 votes
Accepted

Where can I check for the existence of a (pending) patent?

Patent applications are published 18 months after they have been filed. After that you can find the pending application in the big patent databases. To look for a patent document with XXX as applicant ...
S. Pellegrino's user avatar
1 vote
Accepted

If a patent pending application is not published until 18 months old, how can it be discovered by lawyers / examiners doing patent searches?

They can’t see it and neither can patent examiners. There also might be someone working on the same invention who hasn’t filed yet but files the day before you do. And the definition of “published” in ...
George White's user avatar
  • 28.8k
1 vote

How can a dating site like OkCupid patent a matching system

The link explained their system but did not contain the claims of a patent application so it is hard to evaluate the possibility if patenting. A quick search didn’t turn up any granted patent or ...
George White's user avatar
  • 28.8k
1 vote

What if a company bought your patent while it was pending but later got rejected?

If they bought (licensed) your future rights, leaving you responsible for prosecuting the application and with no conditions, they would have wasted their money since there are no rights in the end. ...
George White's user avatar
  • 28.8k
1 vote

For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

I don’t know if there is a legal aspect, but for me you have a patent pending if you have an active application in process. From the USPTO site. A provisional application for patent has a pendency ...
Eric S's user avatar
  • 11.1k
1 vote

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

In your example, you cannot claim priority from the PCT in your US non-provisional because the PCT does not predate the US non-provisional. The only way you would be able to claim priority from the ...
the Europeist's user avatar
1 vote
Accepted

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

The U.S., the EPO and other locations offer provisional rights related to the publication of patent applications. The rights vary, but the idea is that you can potentially recover royalties from ...
George White's user avatar
  • 28.8k
1 vote

How to counter a pending application

It is not advisable to contact the examiner - From the MPEP - 1134 Third Party Inquiries and Correspondence in a Published Application The Office considers inappropriate any third-party inquiry, or ...
George White's user avatar
  • 28.8k
1 vote

Patent pending - US and EU procedure and

I was looking for a provisional patent The provisional application is not "published" so you couldn't have found one. Provisional patent application is an application that establishes an early ...
RishiM's user avatar
  • 1,191
1 vote

How to find if a product is really "patent pending"

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 ...
A. K.'s user avatar
  • 250

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