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challenging a patent application

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iassaf

Member
What is the name of your state (only U.S. law)?

I need to challenge a patent application filed on 2003-09-08 and open to public inspection on 2004-03-10. The application is still pending.

Our product might infringe on the claims of this application. On the other hand, there were products (owner's manuals available) and some patents that discloses the features of our product that might infringe.

How can I attract the examiner's attention to this prior art before the patent is granted?

Thank You,
 


justalayman

Senior Member
the patent hasn't been issued or denied in 8 years? There is something amiss there.

and you lost me about your issue. If your work infringes on the patent (is issued) what is it you are attempting to do? If your work infringes, it would be in your best interest to stop infringing upon another's patent (of course, presuming their patent is issued)

or do you mean that you already had a product in production that the other persons patent would be infringing upon? As in; you are the injured party here.
 

FlyingRon

Senior Member
We don't use the word infringe to describe something that a product does already to a patent that's trying to be issued. We call our efforts PRIOR ART and they are usually, if well documented, an outright bar to the patent.
 

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