Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
thanks for taking myu question
with a pending patent, you don't have any enforcement rights (not until it is granted) so until them all you can do is put them on notice that you have a patent and that as soon as it is granted such products will be considered by you to be infringing
so it's really just a warning, but nothing you can do legal (e.g. you can't file a lawsuit based on a patent pending)
I am told that the patent office sometimes takes 2 years to finalize the process and issue the patent number?
that's right, there is a slow back and forth process with the PTO
Once offered, is there any way I can come back onthem for selling in the meantime after being warned?
if you got your patent 2 years from filing, that would be fast
So of what value is the patent process "
I don't know what you mean by "once offered"
I'm sorry, my fingers got ahead of my thought process... I meant, once the patent is received...
once the patent is "granted" aka "issued" then you have the enforcement rights
and can go back to them
but it's a slow process, which is a common complaint
but to go back to them means only enforcing from that point forward?
yes but in the event of a lawsuit you could potentially get damages from the time you gave them notice
actually I take that back, that only works for an issued patent...you would get damages only from the time it was granted
Is there anything I can say, when I give them notice that is stronger or better than just my best thoughts at the time?
Any key words?
well the essential warning is that your patent is pending and can issue at any time and at that moment the products will be infringing (although they would know that's not so true since it is a slow process)
but as of now the patent is not published (which happens 18 months after filing) so they have nothing to go by unless you send them the filed application
what about going back on them from the time of notice.. any words that are better than others?
also, patents change during prosecution so the final form is unknown
this is very basic...
unfortunately I don't think a letter at this point will have much affect
simple but effective and very useful... nothing on the market in hardware stores that are even close... this E Bay is the first I've seen
patent applications are not public and they would have no basis to evaluate your claim unless you actually got into a dialogue with them and provided them your patent application...
My goal is to try and market it to hardware stores and HOme Depot/Lowes type stores....
you should do that, and indicate your patent pending
So is it even worth writing to them "giving them notice"?
and let them know that once your patent is granted you will have the exclusive rights
You are still saying to write andnotify them... should I use certified mail?
yes you should, it worth a try, I just think the chances of them taking action are low
because the patent is only pending
A;ex, thank youf or the advice... if you can think of anything else that mnmight help, I'd appreciate a follow up note... in the meantime, I am very pleased with your answerr and will be marking "excellent" in the rating
best of luck!