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alex reese
alex reese, Attorney
Category: Legal
Satisfied Customers: 3466
Experience:  BS, MS, JD
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The patent maintenance fees were due 7.5 year payment,

Customer Question

The patent maintenance fees were due for the 7.5 year payment, and we paid it during the 6 month window. However, it was listed as expired. Someone made the device and called it the same name and started selling it without permission during the time it was listed as expired. Now it is not expired. Do we have legal recourse to stop the sale or require payment from the seller?
Submitted: 1 year ago.
Category: Legal
Expert:  alex reese replied 1 year ago.
hello. first, the name of the device does not matter to the patent. the patent is infringed is the device falls within the claims of the patent. if the patent is valid then is can be enforced...unless there was a period of abandonment then the patent is in force.
Expert:  alex reese replied 1 year ago.
if someone is selling an infringing product then you need to send them a Cease & Desist letter informing them of you patent rights and demanding they stop all infringing activities (you could also ask for damages / threaten litigation) should retain a patent litigation attorney for that