QUESTION

If you have a Non Provisional Patent filed and someone knows what your product is about, are they permitted to retail it after 6 months?

Asked on Nov 16th, 2013 on Patents - California
More details to this question:
This would be six months after the filing date. The Patent was never filed only the Non Provisional Patent which gives the person a chance to market it. Does this protect your product?
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2 ANSWERS

Intellectual Property Attorney serving Irvine, CA at Shimokaji & Associates, P.C.
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A non-provisional patent application does not give one the right to stop infringement - only an issued patent. Therefore, if the other person seeks to retail a product covered by your pending application as opposed to an issued patent), you do not yet have patent rights to stop the infringement.
Answered on Nov 20th, 2013 at 6:40 PM

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Presumably what you mean to say is that you have a patent *application* filed. A patent application does not confer any rights to exclude a competitor from practicing what is claimed (until/unless it issues as a patent). However that part about the "patent was never filed" seems to contradict my presumption and that you filed a non-provisional patent. Please clarify your question and what you meant to say.
Answered on Nov 20th, 2013 at 6:40 PM

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