Product idea disclosed by somebody while patent had just been published
baracooda
Just out of curiosity I googled to see if there is any similar product
out there since the day I applied for the patent. Not expecting to
find anything at first, but I am shocked to see somebody actually made
a working prototype that is just like mine. This guy who made this
prototype probably does not believe in patents or he may already
applied for the patent before me. There is no way to tell. Now that he
is enjoying the publicity for being the original creator of this
product concept. I am not sure what should I do next. Is it a good
idea for me to go out there and claim that I have already file a
patent for that? I am not even sure if he smells the commercial
potential in this.
David Kiewit
depend on the details of your situation and is something you should discuss
with your patent attorney.
Assuming that we're talking about a US application, there's a proces that
you may want to follow -- or may want to avoid -- depends on the details.
The steps are
1) Provide notice to the other party of your application --- ie., send him a
copy.
2) Wait for your patent to issue. Then
IF his product is covered by one of the claims of your issued patent (Note
that this is a lot different from there being some degree of perceived
similarity)
AND
IF the claims in question are 'substantially identical' to the ones that
were published (The odds against this are pretty high)
THEN
You may be entitled to a royalty on the other party's sales, where those
royalties are retroactive to the date that you put the other party on
notice.
Hope this helps
Dave Kiewit
Reg. Pat Agent
"baracooda" <wayne....@gmail.com> wrote in message
news:1571d785-b41e-4f51...@k37g2000hsf.googlegroups.com...
WiSpots
I'm curious as to what your product is. I am going through the same
thing.
baracooda
I am not even sure it is safe to talk about it even though there are
countless of tech gadget blogs and websites discussing it.
The secret is out. If this there is indeed an prior art for my patent
now is probably the time for it to surface.
The product is carpet keyboard, very plain and simple. As seen here,
http://www.engadget.com/2008/05/29/carpet-keyboard-gives-your-feet-a-non-qwerty-workout/
I know, it is a bit silly, but What can I say? So, that's it. What is
your product concept?
baracooda
> I know, it is a bit silly, but What can I say? So, that's it. What is
>
> - Show quoted text -
This newsgroup just isn't as active as it used to be.
When bad inventors give up, that is a good thing.
May be that is the case here.
Robert Copcutt
I think it is a good idea worth pursuing - by someone. Whether or not
that is you depends upon several factors.
First I would make a determined effort to find out if others have
patented the idea or otherwise disclosed the idea before you. If you do
not have priority all may not be lost because I can think of several
interesting variations that are probably not covered yet. If you do have
priority then you can go to a big company and do a deal. This sort of
thing needs to be rolled out fast and that would take the sort of funds
only large companies have. It is concerning that you do not seem to have
done much with the idea between initial application and publication
(presumably 18 months).
baracooda
>
> - Show quoted text -
There are only so many key words that can be used to search for
product of similar kind.
Just few days ago, I encountered something like this on Youtube
http://www.youtube.com/watch?v=yJHe2wdC0PY
As you can see from the video, that keyboard carpet is non-functional.
I guess there is no such thing as partial infringement.
With an actual keyboard, more sophisticated interactive softwares may
be used to extend its play-worthiness.
I hope Kids aren't stupid enough to play with fake keyboard carpet
forever.