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Registered Member #1334
Joined: Tue Feb 19 2008, 04:37PM
Location: Nr. London, UK
Posts: 615
How does one go about objecting to a US Patent Application (filed Sept 09) if its basically a direct lift of my and some others work? There is no money in this - its just a lift of stuff I and others have published on the web put in a typically obfuscated patent application format.
Registered Member #2123
Joined: Sat May 16 2009, 03:10AM
Location: Bend, Oregon
Posts: 312
You wait until they start making a lot of money off your patent then you file a lawsuit. If you can prove prior art, you can maybe make back your legal fees with royalties/punitive compensation.
If you have a patent lawyer at your disposal, you can contact the U.S. patent office and contest the infringing application.
Registered Member #2261
Joined: Mon Aug 03 2009, 01:19AM
Location: London, UK
Posts: 581
If they start making money, rather than trying to fight them yourself you might strike a deal with one of their competitors to take them on, or just threaten to and see how friendly they want to be.
Registered Member #30
Joined: Fri Feb 03 2006, 10:52AM
Location: Glasgow, Scotland
Posts: 6706
A patent gives you the right to sue someone who infringes it, but you still have to do the suing (or settling out of court) yourself.
If their patent is still at the application stage (not granted yet) then you should be able to write to the patent office and contest it. They're not supposed to grant a patent unless it's actually something new. I don't see why you would strictly need a patent lawyer, but it would be helpful.
Registered Member #72
Joined: Thu Feb 09 2006, 08:29AM
Location: UK St. Albans
Posts: 1659
If it's just the annoyance factor, and if that would be satisfied by seeing them not be granted a patent, then writing to the US patent office refering to their application and your publication should be sufficient. However, you may not know for several years whether you'd been successful or not. I'm not sure whether they would get back to an objector without a financial interest in the outcome to let them know how it had gone.
Most of the time, patents are not worth worrying about, especially for this sort of issue. It would probably be a lot easier to take a brisk run round the block, a double scotch, and a lie down until the feeling passes.
I'm curious though, what's the patent application number? I only ask as I spend quite a lot of my time doing patent stuff for the company I work for. When we publish a patent, I am usually trying to argue that our shade of white is clearly and inventively different to the other zillion published shades of off-white out there. When we are attacking another's patent, I spend my time arguing that all this black and grey I've found here anticipates their white rendering it obvious, by being mono-chromatic for instance. Me cynical of the whole process? Well, maybe a little.
Registered Member #1334
Joined: Tue Feb 19 2008, 04:37PM
Location: Nr. London, UK
Posts: 615
Dr. Slack wrote ... ... I'm curious though, what's the patent application number?
You have PM.
Dr. Slack wrote ... ... With sufficient thrust, pigs fly just fine. However, this is not necessarily a good idea. It is hard to be sure where they are going to land, and it could be dangerous sitting under them as they fly overhead.
Having just watched District 9, I'm going to very very careful of any floating pigs...
Registered Member #65
Joined: Thu Feb 09 2006, 06:43AM
Location:
Posts: 1155
Patents are tricky things, They waste years of peoples time and money, but only provide a legal option for litigation.
If they ripped off a public domain design/idea... then its wasted money.... Thanks to independent verification by a trusted 3rd party:
However, I've had people release papers/technology (eerily related to some pretty exotic stuff) just months after filing disclosure with the legal department.
Sometimes its just a delightfully expensive coincidence, and other times its not...
Be careful, a thief tends to hate getting robbed of their prize...
Registered Member #1334
Joined: Tue Feb 19 2008, 04:37PM
Location: Nr. London, UK
Posts: 615
Well, the three of us have each written to the USPTO and the patent attorney in the US.
I've used the wayback machine for years - its painfully slow but does generally get there eventually. One downside is that it doesn't store binaries, but it does do all the scripting, which helps. Not sure that its acceptable in law though. There are written papers that were prestented at recorded conferences which also have this info, so that helps too...
Registered Member #65
Joined: Thu Feb 09 2006, 06:43AM
Location:
Posts: 1155
Sometimes fighting these cases is just wasting more money.
There was a junior clerk quietly "retired" in September for using a Trojan infected CAD program that sent screen captures of illustrations he worked on to some IP address in Asia.
These types of nuisance problems are rather interesting to say the least.
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Objecting to a USA patent application...
