4 ms·
You can't enforce pending patent applicaition, only an issued patent. Also, as OP notes in the article, actually trying to enforce an issued patent in court is
by jimmydddd 6y ago
You can't enforce pending patent applicaition, only an issued patent. Also, as OP notes in the article, actually trying to enforce an issued patent in court is time consuming and expensive. It's also difficult if the copycat is based outside the US. They could just close their doors and open up the next day under another name.
- pardavis 6y agoYou are replying to OP who wrote the article. I might have missed it but I don’t think they described any ongoing legal action against this particular copycat.
- molsonhart 6y agojimmy, believe it or not, this isn't my first rodeo.
- jimmydddd 6y ago@molsonhart. I believe it from your (apparently) successful ip protection biz. :-) I think the disconnect is that I'm a patent guy, and your patent advice seems confused/incomplete/misleading. But this makes sense because your primary protection tools for attacking direct copycats would likely be TM and CR, not utility patents.
- jimmydddd 6y agoAgreed.
- bobby_bob 6y agoOr, make a small improvement to the existing toy themselves or (I imagine quite convincingly) claim they're copying from an earlier, expired patent. It seems expensive and unlikely to prevail in any case.