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Patent question

Discussion in 'Electronic Design' started by Tom Del Rosso, Oct 17, 2012.

  1. 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?
     
  2. PeterD

    PeterD Guest

    Probably not, unless you could prove they knew it was violating your patent.
    Again, intent and knowledge.
    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!
     
  3. Robert Macy

    Robert Macy Guest

    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.
     
  4. Nico Coesel

    Nico Coesel Guest

    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.
     
  5. rickman

    rickman Guest

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

    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
     
  6. Guest

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

    Robert Macy Guest

    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.
     
  8. Guest

    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.
     
  9. 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.
     

  10. 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:

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

    Robert Baer Guest

    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.
     
  12. Robert Baer

    Robert Baer Guest

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

    speff Guest

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

    Robert Baer Guest

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

    Robert Baer Guest

    Yesssss..
     
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