This other company copied the product and got it into a catalog that is selling products made by me also. Should I inform my distributor that they are carrying a product that infringes on my patent and they should carry my product that I have the patent on? Shouldn’t the distributor take some responsibility as to what they are selling for other people?
2007-07-19 12:33:38 · 5 answers · asked by runjohnray 1 in Politics & Government ➔ Law & Ethics
It is your responsibility to call this to the attention of the Patent Office in the US. It is your responsibility to file suit for compensation and restriction on this company to prevent them from continuing and to gain compensation for that infringement, which if your facts are correct, should be easy to demonstrate in court - where, the other company has the complete obligation to defend, both continuously and in every court appearance, or they lose. Should you be unable to afford to support this lawsuit, there are several agencies that provide such support either gratis or at much reduced rates - look on the same internet where you posted this question.
2007-07-19 12:50:14 · answer #1 · answered by marconprograms 5 · 0⤊ 0⤋
Patent pending is valueless until eventually the patent is issued. At that ingredient he could have the burden of proving you infringe a number of of of his patented claims, and you are able to owe damages from the time his patent application replace into filed. Your preliminary protection could needless to say be what all human beings claims as their first patent protection: his patent isn't valid using fact the invention replace into not new on the time he utilized for the patent, or that it could have been an obtrusive replace or combination of latest innovations accessible or already defined in a booklet everywhere in any language at that ingredient or in the past.
2016-10-22 02:52:48 · answer #2 · answered by ? 4 · 0⤊ 0⤋
No, unless you have appointed the distributor as your agent for patent prosecution and enforcement, it falls on you.
And yes, if you have a patent that is being infringed, you need to prosecute and defend that patent, or you may lose rights to it.
2007-07-19 12:47:50 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
File an injunction to stop the other company from selling your product because it is unfair competition and violation of the trademark laws.
2007-07-19 12:37:16 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Sue the other company for lost profits.
2007-07-19 12:38:17 · answer #5 · answered by regerugged 7 · 0⤊ 0⤋