RE: [RC] Patent law- if it isn't your idea - Mike Sofen
Generally speaking, a patent requires either a) a new
design, material, or technology, or b) a new use or
application of an existing design, material or
technology.
Generally speaking, a new patent must differ
materially from "prior art". Patents can be accidentally
awarded on designs that already exist in the public domain and this can happen
when the patent examiner doesn't research far enough to determine that
existence. Prior Art in the public domain is not patentable, so Dr Cook
may have extreme difficulty in retaining the patent if challenged in
court. In addition, if your design is materially different, his patent
will not cover your usage/design, regardless.
I can tell you from experience (as a patent holder, not an
attorney), that legal challenges to patents are very expensive for both
parties. It is likely that if Dr Cook is insecure at all about the
validity of his patent, he would refrain from taking you to court...he could end
up paying all court costs.
The fact that Prior Art can be proven is a very significant
aspect to your case and would probably invalidate his patent. The PTO (US
Patent and Trademark Office) has an outstanding website and will provide you
with numerous data points to pursue.
Mike Sofen
-----Original Message----- From:
ridecamp-owner@xxxxxxxxxxxxxxxxx
[mailto:ridecamp-owner@xxxxxxxxxxxxxxxxx]On Behalf Of
Paddi Sent: Friday, January 30, 2004 8:22 AM To:
ridecamp Subject: [RC] Patent law- if it isn't your
idea
-----
I am wondering about the patent
laws because I received a letter from Dr Cook telling me has patented the
bitless bridle and I can no longer sell them in the US. I have been making
this bridle since 1997. He did not apply for a patent until 2001 and got it in
2003.
I am trying to find out if he can
patend something that has been in use for years
Everytack dealer out there has
bitless bridles for sale.
Paddi Sprecher Canadian Trail
House
www.CanadianTack.com 1-866-987-4816
toll free order line Canadian Distributor for Dixie Midnight No-Sweat Vent
Pads EasyCare Stirrups and Easy Boots Biothane Tack, Skito Equalizer
Pads Cashel Flymasks Yacht Braid Horse equipment
While I am not a patent agent or attorney, I do
have 10 or 12 patents and have attended in house patent law courses in the
course of my employment. Perhaps I could answer a few basic
questions.
By the way DO NOT email me anything about an
invention that you are working on.
Ed
Ed & Wendy Hauser 2994 Mittower
Road Victor, MT 59875
