Re: Patent Question

On Oct 30, 2:00 pm, dagmargoodb...@xxxxxxxxx wrote:
On Oct 29, 10:39 pm, mpm <mpmill...@xxxxxxx> wrote:





One of our patents is stuck in an Art Group that has a pretty bad
backlog. (# 3662)
It was filed Jan 2009 and we'll be lucky to have a first office action
by 2012.
The App will publish ~ July 2010.

Q:  Can China (or ?) flood the market before we get our patent, and....

Q:  What, if anything, can we do about it?

We won't likely have the actual patent grant until sometime in
mid-2012, best case, unless the USPTO throws some additional resource
on their backlogs....

If it matters, we probably won't file a PCT due to the expense
involved.
If we can manage to sell the application rights (pre-grant), which is
our intention, the assignee will most definitely want PCT or foreign
filings, but the clock is fast-ticking down on that option.

Thanks.
-mpm

AIUI, you have no rights unless and until a patent issues.

IFF a patent issues, you have offensive rights back to the date of
publication.  I.e., you can sue for royalties for infringing devices
from that date forward.[*]

--
HTH,
James Arthur

~~~~~~~~~~~~~~
[*]  35 USC 154 (d)(1)

In addition to other  rights provided by this section, a
patent shall include  the right to obtain a reasonable
royalty from any person who, during the period
beginning on the date of  publication of the application
for such patent under section 122(b) [...]
(A)  (i) makes, uses, offers for sale, or sells
in the United States the invention as claimed in the
published patent application or imports such an inven-
tion into the United States; or [...]- Hide quoted text -

- Show quoted text -

Oh! Well, we could probably live with Date of Publication.
I understood money damages were limited to the date of notice to the
infringer, which you would then have to litigate, etc...

I mean, not that we care all that much about that aspect.
...provided we have the rights assigned by then anyway. (fingers-
crossed)!
I think we're more worried about China flooding if it takes longer to
close the deal.

The Buyer has deep pockets.



.

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