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Patent protections while patent is still pending?

Patent protections while patent is still pending?
« on: January 08, 2017, 02:03:15 PM »
Hi Brad.

I've currently got a PPA in place and have been selling a product for a couple of months. An individual has recently started selling a copied product online. I've read that if they are notified of the pending patent and it's documented and certified, such as through a certified cease and desist letter, they can be held financially liable for sales and brand and product confusion after the patent is granted - for the period it was pending. Do you have any thoughts on this?

Would a cease and desist letter be warranted in this situation?

Thanks.

Brad

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Re: Patent protections while patent is still pending?
« Reply #1 on: January 08, 2017, 04:58:41 PM »
Hi,

Sorry we don't give out any type of legal advice like that on the forum (or in general).  You would have to ask a registered patent attorney in your state for specific guidance:

Also, remember that just because you have filed a patent application does not give you the right to stop other people from copying you.  Only a valid and issued full patent can be used for that.    You can also read more about "provisional rights" but before you get those you would have to file a full patent application (not the provisional) and that would have to publish and be available for the public to see:  https://www.lotempiolaw.com/2010/08/patents/patent-pending-provisional-rights/
My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: Patent protections while patent is still pending?
« Reply #2 on: January 08, 2017, 07:47:52 PM »
Thanks. That helps clarify. I'll expedite converting my PPA into a non provisional.