Patent issue

[Ady]

Hi all,

I've been a bit bizzi the last few months so my attendance here on these forums has been a bit lapse, sorry!

The cause is work...lol gota luv it :lol:

I've been working with an inventor of a new product the last 3 years, not full time but the last year has been full on. Now, he has a patent on this invention (all well and good i thought) but it seems he had a website built and put online 2 years prior to the patent application date. I discovered this in the extensive research into the competition the product may have out there in the big world.

We were in the process of getting a lisencing agreement made out between us so i had exclusive rights for the world marketing & sales of the product (he already has a manufacturer)


Q. Is his patent a worthless piece of paper?

I believe so, after contacting the UK patent office they said "The patent should never of been granted, seek legal advice"

So here I am!

 

[Pilfo]

As there was already prior knowledge of the 'invention', a patent would normally not have even got past the application stage, never mind being granted.

Pilfo

 

[VeryMark]

It isn't necessarily clear-cut from what you've said; it depends on what's been divulged publicly prior to applying for a patent.

My partner Michael Croft is our patent expert (see bio here) - call him on his direct line 0845 226 8579 and he'll be able to help you.

 

[Ady]

It isn't necessarily clear-cut from what you've said; it depends on what's been divulged publicly prior to applying for a patent.

My partner Michael Croft is our patent expert (see bio here) - call him on his direct line 0845 226 8579 and he'll be able to help you.

Basicly everything was on the website including dimentions, material it is made from, its uses and also photos of it being used. Also a contact phone number for any enquries.

I looked at the website pages properties and it has a "last modified" date of November 2000 and an expriry date of 2006. The patent has a 2002 date for when the aplication for the patent was made.


I will be calling that number in the morning,


thanks. :wink: