Infringement of patents

[Schneiderman]

Here's a question for any patent lawyers out there:

GB patents have three key dates; Application Date; Completion Left date and Complete Accepted date.
Now, what is the legal situation if someone goes ahead and builds something that would infringe that patent but they did this after the Application Date yet prior to the Complete Accepted date? Presumably prior to that final date the patent is not in the public domain and the provisions unknown, so it would not as yet be legally enforceable.
I assume that it is not possible to claim infringement retrospectively, but is that always the case?

 

[robunos]

Isn't this what 'Patent Pending' is for . . . ?

cheers,
Robin.

 

[Schneiderman]

Isn't this what 'Patent Pending' is for . . . ?

cheers,
Robin.

Indeed, but how would anyone know it was pending unless it was publicised?

 

[edwest4]

Contact the Intellectual Property Office for the UK.

 

[Schneiderman]

Contact the Intellectual Property Office for the UK.

I was rather hoping someone on this forum would be familiar with the topic rather than have to pester the IPO over an issue 100 years ago

 

[Zoo Tycoon]

If a patent is granted it provides protection from its Application date. The completion date only indicates the whole patent process (checks of prior art/inventive step etc) has been finished in particular that fees have been paid by the inventor….. so the protection is Active….. back dated to the application date.

Patent protection only applies if someone who infringes is trying to commercially sell their product. Prototypes that infringe can be built and operated so long as no party is making money out of it. This has become a bit controversial recently with companies that don’t sell anything having massively on paper valuations based on inventions which are all rather vague.

 

[Schneiderman]

Thanks, I can see how that is applicable should two applications be made for essentially the same idea, the earliest application having priority. However I fail to see how an individual could be held to have infringed a patent by their actions during the period prior to its completion as there does not appear to be any means by which they could ever have become aware of a patent in process however diligent their search.
In the case I am reviewing Oswald Short is said to have accused English Electric of infringing his patents for flying boat hull designs, yet the company had clearly designed and constructed their hull prior to the completion date of his patents. How were they supposed to know that a patent application was in process and how could they be considered to have infringed it before the information was in the public domain?

 

[Zoo Tycoon]

O Short has priority on the IP. It happens all the time. The next step is for EE and O Short to agree on reasonable royalties. Failure to do this and EE can’t use the invention. Or alternatively EE find some good lawyers who can find an unpatented example of the invention that pre dates O Shorts application date and he’s got nothing protectable. I’ve done this very thing. It’s dog eat dog with no prizes for second place.

 

[robunos]

I think that the way things are supposed to work are thus.
Short develops his hull and applies for a Patent. While this is being processed, EE develop their hull, and Short becomes aware of it. Short than tells EE 'Oi, I've got Patent Pending on that !', and shows EE the relevent paperwork. Short and EE then sit down and resolve the matter to their mutual satisfaction (or not) . . .
In other words, it's incumbent on a Patent, or pending Patent holder, to inform any relevent party, of any potential breach of said Patent, as they become aware of it.
Also, didn't a similar situation occur regarding Handley Page slats ?

cheers,
Robin.

 

[Schneiderman]

Also, didn't a similar situation occur regarding Handley Page slats ?

cheers,
Robin.

Indeed it did, with multiple claims, most with little merit. HP effectively resolved the issue with Gustav Lachmann by employing him.

In the EE v Shorts case I doubt that Shorts would have had much success had they elected to take action as it resolved around a relatively minor similarity in the contouring of the lower hull.