From: NAME: BERNARD MCEWEN
FUNC: 324850 International
TEL: 44-1344-86-9999 <BMCEWEN@A1@URSA>
To: MX%"[email protected]"@MRGATE@wpc
Hello Treg, I passed our supplicant's patent query to a friend
who works in this line. He kindly sent the following reply which
I attach below. (Please ignore the personal references it
contains.)
Best regards to all. Bernie McEwen.
Approval Specialist. Gandalf International.
From: NAME: MX%"[email protected]"
<MX%"[email protected]"@MRGATE@K>
List-Post: [email protected]
Date: 01-Jul-1996
Posted-date: 02-Jul-1996
Precedence: 1
Subject: Re: Any comments?
To: BMCEWEN@A1@URSA
Return-Path: <[email protected]>
List-Post: [email protected]
Date: Mon, 1 Jul 1996 16:06:17 +0100
From: [email protected]
To: bmcewen%[email protected]
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Vairy interesting.
I'm not a legal buff so if this person really does have a
problem then he should consult with a patent attorney and
fast!
Patenting is bound by national laws so in order to get
protection within a particular country you file for a patent
in that particuar country. there are now 2 supra national
authorities - the European Patent Office and the World
Intellectual Property Office (WIPO). By filing with these
offices you can designate which states give protection.
Thus you can file at WIPO and designate the US .
Patenting is also bound by various conventions the most
important of which is the Paris convention, which allows the
Patentee a year and a day of grace after the date of his
first application to file for protection in other
authorities. Protection is then granted from the date of
his original application.
Unlike most other industrialised countries the US runs what
is called a "slow to publish system". The USPTO only
publishes granted patents. This means that anything upto 3
years (sometimes more) can pass from the date of the
application to the time that it becomes public knowledge.
In virtually all other countries the unexamined application
is published.
The US is due to change its laws very shortly and fall into
line with common practice elsewhere.
Most companies which are switched on enough to have a
patenting strategy and are working internationally will also
be patenting internationally. An online search on the
Derwent World Patents Index will tell you very quickly where
this particular invention has been patented.
To answer the direct question - shipping a product to GB
which is protected under a US patent will not waive the
rights of the US patent in GB because the US patent never
had any rights in GB. Rights in the US will be unaffected.
It will mean that you can not then seek protection in GB
because the invention will no longer be novel as it will be
"common knowledge".
Hamish
Fleur is an astonishing 6 years old.
______________________________ Reply Separator _________________________________
Subject: Any comments?
Author: bmcewen%[email protected] at Internet
List-Post: [email protected]
Date: 01/07/96 10:22
From: NAME: BERNARD MCEWEN
FUNC: 324850 International
TEL: 44-1344-86-9999 <BMCEWEN@A1@URSA>
To: MX%"[email protected]"@MRGATE@k@WPC
Hamish,
Are you able to assist this chap with wise words or are US
patents not in your field?
TREG is a Telecom Approvals Internet group. I think this fellow
has a problem with his US patent being infringed in another
country where a competitor is copying and selling either against
his local distributor, or (less likely) back into the States.
There may be more in a later E-Mail, which I'll forward.
Please reply to me - I'll forward it to TREG.
Thanks, Bernard.
PS. Phoebe is now six months and one and a half teeth old.
Luckily still no talking, so still only H to tell what to do for
the time being.
From: NAME: MX%"[email protected]"
<MX%"[email protected]"@MRGATE@URSA>
List-Post: [email protected]
Date: 27-Jun-1996
Posted-date: 01-Jul-1996
Precedence: 1
Subject: Int'l Shipments & US Patents
To: BMCEWEN@A1@URSA
To: [email protected]
List-Post: [email protected]
Date: Wed, 26 Jun 1996 19:28:31 EST
TREG'ers,
An associate tells me that by shipping a product internationally I
waive the rights to a US patent. Can anyone tell me if this is
true?
----------------------------------------------------------------------------
Peter Van Raalte | Email: [email protected]
Compliance Engineer |
V-Band Corporation | Phone: 914-789-5117
565 Taxter Road |
Elmsford NY 10523 | FAX: 914-347-3432
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