Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
a provision patent may act as somewhat of a deterrant to would-be copiers, but there is no legal protection...you cannot enforce a provisional patent. only a utility patent can be enforced.
a provision patent serves to establish a filing date for the submitted materials, but it does not give you any enforcement rights
Do I have to wait untill I get a utility patent to start marketing and distribution?
however, that doesn't mean that you need to wait until you have a granted utility patent to distribute
no you don't, but you can't legal stop someone from making/selling your patented invnetion until you have a granted patent....until then it is a warning/deterrent
So my competition can manufacture, copy and sale my product till I get a U. Patent.
assuming the only protected aspects are in the patent, yes
I came up with a unique clip for suspenders, can any other manufacture use it until I get a U. Patent.
yes they can
unless it is protected by trademark or copyright in some way....but that would be a separate issue
What I should do file for a U. Patent immidiately. My product is shelf ready.
yes you should meet with a patent attorney file a utility patent asap
but people don't wait until they have the patent to starting doing business....they just makring the product "patnt pending" and proceed
I thank you for your time.
best of luck
But my clip is unique only Perry Ellis and I have a clip that attaches to the belt.
Can u assist me, am in Canada?
no we are not allowed to communicate with customers in any way or give referrals etc
thank you for your valuable information. Take care.
Sorry to bother again.
after I get a U. Patent, can my competition continue using my clip?
Well if you have a patent and they are infringing one or more patent claims then you can threaten to sue them and/or sue them for patent infringement. You will need a patent attorney to confirm whether their product infringes your patent.