Re: [Harp-L] patents

["Vern Smith" <jevern@xxxxxxx>]

After 18 months, with certain exceptions involving foreign applications, the 
USPTO publishes the application even if the patent is not granted. This 
makes it easier for inventors to do patent searches and prevents anyone else 
from patenting the invention thereafter.

Under new rules, the patent protection expires about 20 years (I think) from 
the date of application.  It used to be 17 years from the date of issue. 
This prevents the inventor from "laying back in the weeds" by deliberately 
delaying the issue date with protracted negotiations and revisions lasting 
years and then springing forth to extort manufacturers after they developed 
the market.

Typically, the USPTO rejects the first application.  Then you negotiate with 
them on claims.  You try to make the claims broader and they try to make the 
claims narrower.  If the claims get too narrow, the patent becomes useless 
because any small change will avoid it.

This happened to me on the Hands-Free-Chromatic harmonica. I decided not to 
bother with claims negotiations.  To the contrary, I would encourage and 
assist anyone wishing to make HFCs. For the sake of HFC artists, I would 
like to uncouple HFC availability and my health.  (e.g. Farrel's 
plastic-combed 270 became unavailable when his health failed.) Anyone 
seriously interested in making and selling HFCs should let me know.

The following is copied from the USPTO website:
**************************
Patent Marking and Patent Pending
A patentee who makes or sells patented articles, or a person who does so for 
or under the patentee is required to mark the articles with the word 
"Patent" and the number of the patent. The penalty for failure to mark is 
that the patentee may not recover damages from an infringer unless the 
infringer was duly notified of the infringement and continued to infringe 
after the notice.

The marking of an article as patented when it is not in fact patented is 
against the law and subjects the offender to a penalty. Some persons mark 
articles sold with the terms "Patent Applied For" or "Patent Pending." These 
phrases have no legal effect, but only give information that an application 
for patent has been filed in the USPTO. The protection afforded by a patent 
does not start until the actual grant of the patent. False use of these 
phrases or their equivalent is prohibited.

******************************************************

This indicates that Jonathan and Tim are both correct.

Vern
Visit my harmonica website www.Hands-Free-Chromatic.7p.com

----- Original Message ----- 
From: "Tim Moyer" <wmharps@xxxxxxxxxxxxxxxxxxxx>
To: <harp-l@xxxxxxxxxx>
Sent: Monday, April 14, 2008 2:02 PM
Subject: Re: [Harp-L] patents


> Jonathan Ross wrote:
> > Actually, [patent pending] offers no protection.
> > <snip>
> > It just means an application has been filed.
>
> Well, there's a little more to it than that.  In the event that someone
> else attempts to patent the same (or a demonstrably similar) thing, the
> patent application provides evidence of prior invention.
>
> -tim