Hi,
I have an invention (frame and folding mechanism). Although my invention is patentable, it might fall under a general claim on existing patent.
I obtain the file history and prior art of the existing patent. I discovered that the folding mechanism is not novel to that patent. It existed in the prior art and the patent examiner stated that. The lawyer argued that their frame is unique and novel a thus the combination of the frame and folding mechanism should be patentable. The patent was issued based on this argument.
One of the prior art, of the existing patent, was a picture on a cover page of a brochure of a similar product. You won’t be able to tell the type of frame from that picture. I obtain the user’s manual for that product and discovered it has the same frame as the patented one. Since the folding mechanism existed in the prior art and the frame existed on a product in the public domain, the patent should not have been issued. I think the prior art (picture on cover page) was strategically provided in that format. Unfortunately, the patent examiner did not pick on it.
Although I can patent my invention so nobody can copy, I still can’t make the product or sell the patent because it might fall under their general claims.
Other than requesting a re-examination or fighting the patent in court (which will be expensive and time consuming), what are my options if I want to make the product or sell the patent to a competitor?
Thank You,
Imad
I have an invention (frame and folding mechanism). Although my invention is patentable, it might fall under a general claim on existing patent.
I obtain the file history and prior art of the existing patent. I discovered that the folding mechanism is not novel to that patent. It existed in the prior art and the patent examiner stated that. The lawyer argued that their frame is unique and novel a thus the combination of the frame and folding mechanism should be patentable. The patent was issued based on this argument.
One of the prior art, of the existing patent, was a picture on a cover page of a brochure of a similar product. You won’t be able to tell the type of frame from that picture. I obtain the user’s manual for that product and discovered it has the same frame as the patented one. Since the folding mechanism existed in the prior art and the frame existed on a product in the public domain, the patent should not have been issued. I think the prior art (picture on cover page) was strategically provided in that format. Unfortunately, the patent examiner did not pick on it.
Although I can patent my invention so nobody can copy, I still can’t make the product or sell the patent because it might fall under their general claims.
Other than requesting a re-examination or fighting the patent in court (which will be expensive and time consuming), what are my options if I want to make the product or sell the patent to a competitor?
Thank You,
Imad