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 ...
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 ...
  • 6,103
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 ...
  • 9,259
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 ...
  • 26.2k
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 ...
  • 26.2k
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 ...
  • 26.2k
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. ...
  • 26.2k
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 ...
  • 9,259
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 ...
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 ...
  • 26.2k
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 ...
  • 26.2k
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 ...
  • 1,211
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 ...
  • 250
1 vote

Simultaneous Continuation and Continuation-In-Part Patent Applications

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 ...
  • 491
1 vote

Is US 2014/0060450 A1 patented or pending?

As per USPTO PAIR http://portal.uspto.gov/pair/PublicPair/ Patent application abandoned on 2 Jan 2015 because of failure to respond action.
  • 2,075
1 vote
Accepted

How does Stripe's patent application differ from its competition?

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 ...
1 vote
Accepted

Can I write "our patented solution" for patent pending?

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 ...
  • 201
1 vote

Can someone copy my idea If i released and filed a patent first but the patent isn't approved yet?

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-...
1 vote

Can someone copy my idea If i released and filed a patent first but the patent isn't approved yet?

Only an issued patent can be used to stop someone from selling, making, importing or using an invention.
  • 26.2k
1 vote
Accepted

Provisional Patent Application validity questions

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 ...
  • 26.2k
1 vote

What kind of provisional patent should I get if I want to sell internationally?

There is only one kind of provisional patents. Each patent application cover only a geographical area (like the USA), so international filling in each jurisdiction is needed if you must have ...
  • 688

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