• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

patent fraud

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

graphicsman

Guest
I am in Tennessee.

Is Patent Application Fraud easier to prosecute than infringement?

A person I showed my patent pending product to, purchased samples, rewrote the patent and applied for a patent without citing the prior art. I beleive his lawyer was also aware of the prior art.

This person has gone on to make many millions of dollars.

Where can I report this type of fraud? How can I go after him myself?

Thanks

Richard
 


divgradcurl

Senior Member
This should probably be in the "Patents" forum, but I'll throw out am $.02 here anyway.

Patent Application Fraud, in this context, is really "inequitable conduct." Generally, inequitable conduct is raised as a counterclaim along with an attempt to get the patent found invalid or unenforceable after you've been sued for infringement. Inequitable conduct, however, much be approached carefully -- since you are accusing someone of fraud when you bring a claim of inequitable conduct, you are subject to sanctions if the court finds that you brought the claim frivolously.

Was your pending patent ever issued? If it was, then you would probably sue the other guy for infringement and simultaneously try and get his patent invalidated. If your patent has not issued, you will not be able to sue for infringement, since you don't have any rights that are infringed.

If you have genuine prior art that shows conception and reduction to practice more than 1 year prior to the filing date of their patent, then you could file for reexamination with the US Patent and Trademark office.

In any event, your best bet is to go talk with a patent attorney (one registered to practice before the USPTO) and figure out what your best strategy is based onALL of the facts.
 
G

graphicsman

Guest
Yes, my patents issued in 1998, I applied in 1995. This person applied for a patent after I demonstrated and sold him samples.

He applied in 1996 and his patent issued in 2000.

He was fully aware of the prior art, yet he failed to cite it. I even cited his 'graphic transfer liquid' in the application, a full year before he came out with a copy .

I am trying to find a way to bring this matter into Civil Court as fraud.

I cannot afford a protracted infringement battle, the last one just about killed me.

There is a lot at stake, he is selling many millions of dolloars of a product that was designed to cost about .50 to make and sells for $ 14.95 through a network of over 60 distributors.

He fires distributors for selling anyone else's product, which I believe in my case is Anti-Trust stuff.

Any ideas?
 

divgradcurl

Senior Member
You really need to talk with a lawyer. If the other guy is infringing your patent, and you think you've got a pretty solid case, there are firms and lawyers out there that will handle patent litigation on a contingency-fee basis, so there would be little or no money out of your pocket up front.

You have to decide what you want to do. I don't think the civil court thing is going to fly, if what you seek is damages -- if he defrauded anyone it was the USPTO, not you, and that fraud would bear upon the validity of the patent, and would not end up with an award of damages to you. If all you want to do is get his patent knocked out, it would probably be easier to gather up all of your documentation and file for a reexamination -- you should be able to get the info on how to go about filing for a reexam at the USPTO website.

Still, unless (or even if) there is a lot more here than you are mentioning, it would probably be in your best interests to take all of your info down and talk with a USPTO-registered patent lawyer, who could then review ALL of your info and advise you on what options are available depending on what you want to accomplish.
 
G

graphicsman

Guest
What's the best way to find a lawyer to handle this on a contingency?

Thanks
 

divgradcurl

Senior Member
You could do a search on Google, or contact your state or local bar association and see if they have a list of attorneys in your area that could handle your case on contingency.
 

racer72

Senior Member
graphicsman said:
What's the best way to find a lawyer to handle this on a contingency?

Thanks
Unless the person you are suing is wealthy or has other means to pay off if they lose, you will not find an attorney that will take this case on a contigency basis. In fact, most lawyers that will take cases on a contigency basis only do so if there is an insurance company standing by to pay off if the defendant loses. Good luck, you'll need it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top