Re: [Harp-L] B-Radical

["Vern Smith" <jevern@xxxxxxx>]

The following text is from the USPTO website:

" Most patent applications filed on or after November 29, 
2000, will be published 18 months after the filing date of 
the application, or any earlier filing date relied upon 
under Title 35, United States Code. Otherwise, all patent 
applications are maintained in the strictest confidence 
until the patent is issued or the application is published. 
After the application has been published, however, a member 
of the public may request a copy of the application file. 
After the patent is issued, the Office file containing the 
application and all correspondence leading up to issuance of 
the patent is made available in the Files Information Unit 
for inspection by anyone, and copies of these files may be 
purchased from the Office."

This means that you can't get any information from the USPTO 
about a pending patent for 18 months after the application 
is filed.  Then it will be published and available on the 
internet.  In the meantime, all you are going to know is 
what Harrison chooses to tell you.

After making a patent application, a number of things can 
happen:
1. The claims can be denied, possibly starting a negotiating 
process to narrow the claims.
2. The claims can become so narrow that they can be easily 
avoided, making the patent almost meaningless.
3. The application can be abandoned by the applicant.
4. The patent can be issued.
5. The issued patent can be later challenged and found 
invalid, usually because of the discovery of "prior art".

"Patent Pending" sounds impressive but because of all the 
possible outcomes, doesn't mean much.

Vern


----- Original Message ----- 
From: "Jonathan Ross" <jross38@xxxxxxxxxxx>
To: <harp-l@xxxxxxxxxx>
Sent: Tuesday, June 30, 2009 4:11 PM
Subject: Re: [Harp-L] B-Radical


> > Maybe, just maybe, your bringing up their pending 
> > patent(s)? all the  time will hurt their feelings and 
> > they won't want to sell you one.
>
> Why?  If the patent has merit it should be awarded, I have 
> nothing to  do with that either way.  Indeed, I can't 
> comment on that at all since  I've never seen it and have 
> no clue what the claims are.
>
> I just want to see the application, which should be 
> possible since  these are publicly archived and available 
> for viewing, online no  less.  I just can't seem to find 
> it, so was asking for some help.  An  application number 
> (which I would think would be easy to post) would  let me 
> find it easily.  Even if it isn't available online for 
> some  reason I am pretty sure I could then purchase a hard 
> copy from the  patent office.  How is any of that an 
> unreasonable request?
>
>
>
> JR Ross
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