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Microcap & Penny Stocks : International Nursing Services Inc, old (NURS) new (MDIX) -- Ignore unavailable to you. Want to Upgrade?


To: musicguy who wrote (1440)5/26/1998 9:58:00 PM
From: ajd/mba  Read Replies (2) | Respond to of 2911
 
RE: The Patent VS. Patent Pending Issue

As someone who worked in Intellectual Property (can you spell B-O-R-I-N-G?), I can tell you that "Patent Pending" status is FAR different than having an issued patent.

Patent Pending is a form of 'warning' to potential infringers. A savvy inventor who has Patent Pending status takes the tactic of saying: "I'm not going to tell you WHAT about my invention I think (and am claiming)is patentable because the law says that I do not have to disclose that to anyone (FYI the USPTO will NOT tell you squat about a pending patent application). I have no way of knowing what claims (if any) might be granted on my invention (if any), but if you do something before my patent issues that infringes any legitimate claim(s) that DO issue in my patent (assuming that it issues), you do so at your own risk. I will sue you when my patent issues. Then we will hire really expensive lawyers who will argue about how many angels can dance on the head of a pin..."

An issued patent means that you already have enforceable "claims" that may or may not be worth (legally or in a business context) the paper that they are written on.

I reread the PR and this is what it said:

"Medix Resources, Inc., through its wholly owned subsidiary Cymedix Lynx Corporation, offers several fully secure patent-pending Internet communications products, using an Internet commerce business model."

They didn't fudge the issue.

How long will it take to have the patent issue? Who knows? I can almost guarantee you that it will NOT be as quickly as has been said in postings. That might be for a variety of reasons ranging from the USPO workload to strategic decisions to "delay" by the patent lawyers prosecuting the patent application.

What does all this mean to MDIX?

Who knows. I don't have a clue what MDIX is claiming in their patent. I don't have a clue what valid claims might issue in a patent. Nor do I have a clue if those claims might be broad enough to keep competitors from designing around those claims and coming up with another product that is as good or better.

All of these imponderables about patents (and law in general) was the reason that I went back and got my MBA - I was tired of people NOT paying enough attention to the business/marketing aspects of their ideas/inventions BEFORE the plunked down a big chunk of change to protect it. So sue me - I was (still am) an ethical lawyer.

A final thought - to those who use this as a forum for personal disputes:

Can you learn how to use the PERSONAL MESSAGE OPTION PLEASE????