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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? ...


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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


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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.


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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 ...


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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 file a non provisional at the end of the year or even another provisional application. The law https://www.law.cornell.edu/uscode/text/35/292


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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 lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a ...


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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 PCT is by filing a subsequent US non-provisional within the applicable priority year. Accordingly, if the subject-matter of all the claims of the PCT was ...


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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 others who make, sell, use, etc. in a way that infringe the claims you eventually get in an issued patent, the royalties essentially back-dated to the time of your ...


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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 submission in an application that is not provided for in 37 CFR 1.290 or 37 CFR 1.291. Any submission filed by a third party in an application that does not ...


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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 filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. To obtain the ...


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I see only two short questions here so I'll make a short answer too. Is it the only patent of its kind? No. Obviously not, you proved that already, but generally there will always be more than one. And if not, it's only an “not yet“. Does social media count as disclosure? Yes. Any disclosure which could reach at least one person of the public (who is not ...


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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 ...


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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 international protection.


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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 ...


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


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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 ...


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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.


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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 ...


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


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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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