To: Basildon Bond who wrote (7566 ) 8/10/1999 4:17:00 PM From: Tiger Lily Read Replies (1) | Respond to of 8189
According to the European patent office: All patent applications as well as granted patents are published. However, remember, the EU is a first-to-file system. So the patent is protected by the filing date, even though the technology is not. However, there is a complicated way of legally filing in both places at the same time through the US system that apparently protects the US filer. [Boy, I am glad I'm not a lawyer. This stuff can give you a real headache...and I work with words!] I have to reread the MRPS stuff; I admit I am going out on a limb here. I thought that the patent pending was US and on the new version of the original patented German technology. Moreover, I thought that the next generation beyond the "patent pending" version was in the works and I am assuming that a US+ application could be fired off post haste if necessary. The attorney came up with a great (very simple) analogy for what a patent can and cannot do for you (in the US at least). Let's say you patented a standard straight backed wooden chair with four legs. Someone else sees your patented chair on the market, buys one, adds ONLY curved rocking chair rails to the bottom of the legs and is granted an "improvement patent" for the rocking chair. GUESS WHAT? The guy with the patent on the rocking chair is NOT allowed to manufacture and sell the rocking chair!!! If he does, he is infringing on your patent for the chair! He must get a license from you. The infringement comes from the fact that the rocking chair patent COMPLETELY contains the claims from the original chair patent. However, you cannot make the rocking chair without a license from him for the rails. The attorney said that if someone does an improvement patent on your design, they do not get the right to produce the design. Interpreting the claims in patents can get very tricky; which is why they are written as broadly as possible to contain every nuance imaginable up front. Now you know why attorneys get paid so much. They can have this job! Cheers! Lily Li