Patent question

[Tom Del Rosso]

If a Chinese firm builds your idea without compensation, can you take action
against anyone who buys and sells it, or uses the device as a component of
their own products?

 

[PeterD]

If a Chinese firm builds your idea without compensation, can you take action
against anyone who buys

Probably not, unless you could prove they knew it was violating your patent.

and sells it,

Again, intent and knowledge.

or uses the device as a component of
their own products?
Perhaps.

An intellectual rights attorney could help you. Generally patents are
worthless except to patent trolls, and big business. The small guy is
simply out-gunned in the court system.

Generally you must go after the infringing party. Not their customer.
Going after the customer is likely to not be very productive as you'd
have to sue each one to get anything, and what you'd get would be less
than the cost of the action. Therefore: you are screwed!

 

[Robert Macy]

If a Chinese firm builds your idea without compensation, can you take action
against anyone who buys and sells it, or uses the device as a component of
their own products?

You didn't state what kind of patent. United States Patents,
International Patents, etc.and assume patent was 'properly' secured.

Last advise our firm got regarding enforcing a patent was 'easiest to
enforce in US, Canada, ok in EU, and somewhat in South America. The
rest of the world?Not so easy.' and be ready to spend up front at
least $50k to $100k with more to follow just to do battle and still
not gain much.

 

[Nico Coesel]

If a Chinese firm builds your idea without compensation, can you take action
against anyone who buys and sells it, or uses the device as a component of
their own products?

In some cases it is possible to have publishers cancel (online)
advertisements based on copyright infringement. Its difficult to sell
something if you can't use pictures.

 

[rickman]

Probably not, unless you could prove they knew it was violating your
patent.

That is why you issue "cease and desist" orders. They may not be liable
for penalties, but once you tell them, they have to stop or they will be.

Again, intent and knowledge.

Again, tell them to stop and if they continue they will suffer the
consequences.

Definitely!


An intellectual rights attorney could help you. Generally patents are
worthless except to patent trolls, and big business. The small guy is
simply out-gunned in the court system.

Generally you must go after the infringing party. Not their customer.
Going after the customer is likely to not be very productive as you'd
have to sue each one to get anything, and what you'd get would be less
than the cost of the action. Therefore: you are screwed!

Not true. That is one of the big scare tactics is to go after the
customers because they stop buying the product unless the seller
indemnifies them. The Chinese firm is just going to dry up and blow
away or to try to continue to sell them to new customers. Hitting the
middleman is not a bad thing either because they will stop selling the
stuff and the Chinese maker can't sell it so well by themselves.

Rick

 

[[email protected]]

If a Chinese firm builds your idea without compensation, can you take action

against anyone who buys and sells it, or uses the device as a component of

their own products?

It gets complicated:
http://travel.state.gov/law/judicial/judicial_691.html

 

[Robert Macy]

See Peter's and Robert's comments.

_Legally_ you can block the importation of the gizmo.  _Practically_, you
have to do this by going after each and every importer.

Hence, their comments.

What's worse is that you have told the whole world EXACTLY what you're
doing, and now you get to SPEND a lot to protect it. Ah, the old
patent vs. trade secret argument.

Also patenting and telling the world all sets you up for 'predatory'
patent damages - That's where some bright engineering firm patents the
next step(s) around your patent creating walls around you - unless/
until you pay them.

 

[[email protected]]

Here in the U.S., at least, importing a device which uses or
incorporates a non-licenced invention that is patented in the U.S,
does qualify as "infringement" of the U.S. patent. Similar laws apply
in many other countries.

The problem isn't so much the patent, rather the practical defense of the
patent. Forcing the importer to stop importing the widget isn't a trivial
task. The work has to be redone for each perp.

There is good reason most patents are done for defensive reasons.

The patent holder can sue the importing company in Federal court, and
can also apply to the International Trade Commission for injunctive
relief (i.e. an order which forbids importation of the infringing
product into the U.S.).

Yes, and has to be done for each importer. This isn't a trivial task.

Battles of this sort have been taking place recently with regard to
smartphones and tablets, for example.

Hardly small companies.

See U.S. Code Title 35, which defines current U.S. patent law.

Irrelevant.

 

[Tom Del Rosso]

The problem isn't so much the patent, rather the practical defense of
the patent. Forcing the importer to stop importing the widget isn't
a trivial task. The work has to be redone for each perp.

I never thought it could be trivial, but I asked because I was curious if
there was at least a legal basis to sue parties other than the manufacturer.

Thanks all.

 

[Don Lancaster]

The problem isn't so much the patent, rather the practical defense of the
patent. Forcing the importer to stop importing the widget isn't a trivial
task. The work has to be redone for each perp.

There is good reason most patents are done for defensive reasons.


Yes, and has to be done for each importer. This isn't a trivial task.


Hardly small companies.


Irrelevant.

There is some anecdotal evidence that hanging a patent on the east wall
of your lab can eliminate or at least significantly minimize walrus attacks.

Some recent double blind research in Nebraska seems to validate this
premise.

Otherwise, see http://www.tinaja.com/pasamp1.shtml


--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: [email protected]

Please visit my GURU's LAIR web site at http://www.tinaja.com

 

[Robert Baer]

If a Chinese firm builds your idea without compensation, can you take action
against anyone who buys and sells it, or uses the device as a component of
their own products?

Theoretically, yes.
But if the company is bigger than you (almost a certainty) then they
can drag you thru the courts for 20 years or until you are penniless,
whichever comes first.
This has happened numerous times.

 

[Robert Baer]

There is some anecdotal evidence that hanging a patent on the east wall
of your lab can eliminate or at least significantly minimize walrus
attacks.

Some recent double blind research in Nebraska seems to validate this
premise.

Otherwise, see http://www.tinaja.com/pasamp1.shtml

BUT...i am being attacked by otters...

 

[speff]

If a Chinese firm builds your idea without compensation, can you take action

against anyone who buys and sells it, or uses the device as a component of

their own products?

You've patented it in China? Hire a law firm and go after them- e-mail if you need a referral. Don't expect a big payoff but you should be able to stop them.

If it's a US patent you might have some luck stopping it at the border, but if it's some kind of internal component and lots of companies are using it, you may not have much luck doing it cost-effectively.

--sp

 

[Tom Del Rosso]

I guess that is because of the fishy reason that i am still wet
behind the ears..

Don't Baers eat them? You're smarter than the average Baer. Lay off the
pikinik baskets.

 

[Robert Baer]

You otter know better than to mess with them critters!

I guess that is because of the fishy reason that i am still wet
behind the ears..

 

[Robert Baer]

Otters are bad, they eat all the world's supply of abalone :-(

Abalone, Abalone, the prettiest town I've ever seen... ;-)












Buck Owens - Abilene


[ Doyle Holly ]
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Don't I wish they were carryin' me back to Abilene my Abilene
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Crowded city there ain't nothing free nothin' in this town for me
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Women there don't treat you mean in Abilene my Abilene

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