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What is the status of this patent?
What if I don't patent my invention?What impact does prior art discovered after (US) patent awarding have on enforceability and even validity of that patent?What exactly is the distinction between copyright and patent?Provisional Patent Scope StrategyPatent Application Due-DiligencePatent law: What is the litmus test for 'inventive step' 'non obvious'?Is this an infringement of their patent?Do I have the right to sell something that has a patent if I started selling before the patent was active?
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I am selling bed bug traps on Amazon. Recently I received a warning from another seller that says I am infringing on their utility patent.
While looking up their patent (publication number: US20110225873A1), I am seeing different information about the status.
1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1
Google Patents says the latest status is: 2019-08-12 Application status is Active.
2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair
Select "Publication Number", enter: US 20110225873 A1, and press Submit
It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court
So is the patent rejected or accepted? If it's rejected, does that mean I still have the right to sell bed bug traps?
patents
asked 8 hours ago
EdmundEdmund
1667 bronze badges
add a comment |
I am selling bed bug traps on Amazon. Recently I received a warning from another seller that says I am infringing on their utility patent.
While looking up their patent (publication number: US20110225873A1), I am seeing different information about the status.
1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1
Google Patents says the latest status is: 2019-08-12 Application status is Active.
2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair
Select "Publication Number", enter: US 20110225873 A1, and press Submit
It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court
So is the patent rejected or accepted? If it's rejected, does that mean I still have the right to sell bed bug traps?
patents
asked 8 hours ago
EdmundEdmund
1667 bronze badges
add a comment |
I am selling bed bug traps on Amazon. Recently I received a warning from another seller that says I am infringing on their utility patent.
While looking up their patent (publication number: US20110225873A1), I am seeing different information about the status.
1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1
Google Patents says the latest status is: 2019-08-12 Application status is Active.
2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair
Select "Publication Number", enter: US 20110225873 A1, and press Submit
It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court
So is the patent rejected or accepted? If it's rejected, does that mean I still have the right to sell bed bug traps?
patents
asked 8 hours ago
EdmundEdmund
1667 bronze badges
I am selling bed bug traps on Amazon. Recently I received a warning from another seller that says I am infringing on their utility patent.
While looking up their patent (publication number: US20110225873A1), I am seeing different information about the status.
1) Source 1: Google Patents https://patents.google.com/patent/US20110225873?oq=patent:20110225873A1
Google Patents says the latest status is: 2019-08-12 Application status is Active.
2) Source 2: USPTO https://portal.uspto.gov/pair/PublicPair
Select "Publication Number", enter: US 20110225873 A1, and press Submit
It says Status: Application Involved in Court Proceedings. Also, when I click on the "Image File Wrapper" tab, the latest update on 04-08-2019 shows that the patent was dismissed by the court
So is the patent rejected or accepted? If it's rejected, does that mean I still have the right to sell bed bug traps?
patents
patents
asked 8 hours ago
EdmundEdmund
1667 bronze badges
asked 8 hours ago
EdmundEdmund
1667 bronze badges
edited 5 hours ago
Edmund
asked 8 hours ago
EdmundEdmund
1667 bronze badges
asked 8 hours ago
EdmundEdmund
1667 bronze badges
asked 8 hours ago
EdmundEdmund
1667 bronze badges
1667 bronze badges
add a comment |
add a comment |
2 Answers
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That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.
Timeline of events:
- United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.
- That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.
- UIC appealed that decision to the Court of Appeals.
- The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).
As far as I can tell, at this moment, the patent is active.
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
Wow thanks so much for the writeup
– Edmund
5 hours ago
add a comment |
Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
add a comment |
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2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
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active
oldest
votes
That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.
Timeline of events:
- United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.
- That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.
- UIC appealed that decision to the Court of Appeals.
- The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).
As far as I can tell, at this moment, the patent is active.
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
Wow thanks so much for the writeup
– Edmund
5 hours ago
add a comment |
That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.
Timeline of events:
- United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.
- That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.
- UIC appealed that decision to the Court of Appeals.
- The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).
As far as I can tell, at this moment, the patent is active.
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
Wow thanks so much for the writeup
– Edmund
5 hours ago
add a comment |
That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.
Timeline of events:
- United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.
- That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.
- UIC appealed that decision to the Court of Appeals.
- The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).
As far as I can tell, at this moment, the patent is active.
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid.
Timeline of events:
- United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability.
- That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability.
- UIC appealed that decision to the Court of Appeals.
- The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about).
As far as I can tell, at this moment, the patent is active.
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
answered 5 hours ago
animuson♦animuson
3,30010 silver badges30 bronze badges
3,30010 silver badges30 bronze badges
Wow thanks so much for the writeup
– Edmund
5 hours ago
add a comment |
Wow thanks so much for the writeup
– Edmund
5 hours ago
Wow thanks so much for the writeup
– Edmund
5 hours ago
Wow thanks so much for the writeup
– Edmund
5 hours ago
add a comment |
Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
add a comment |
Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
add a comment |
Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
Separately from the state of enforceable of the patent is does your product fit the definition of the invention under the wording of any of the claims.
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
answered 1 hour ago
George WhiteGeorge White
9572 silver badges14 bronze badges
9572 silver badges14 bronze badges
add a comment |
add a comment |
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