Patent Questions

[ericchristopher]

Team A creates a product. The product is niche specific, and has a purpose, but it is not the only product of its type in the niche. It has design advances that give it a leg up on its competition, and as a result the product sells well. The design advances are not specific to Team A. They are simply technological advances that are affecting a variety of industries. That Team A has applied them to this niche makes them the most valuable players in this niche -- or so the market says.

Team B learns of this, and decides to basically create a competitive model. Team B actually advances the product beyond Team A's development. At the point of development for Team B, Team A's product was patent pending.

Where will Team B be if the patent is awarded? Did Team B need to begin development before Team A applied for its patent? Or is Team B in the clear because development/production began before the patent was awarded?

Thanks....

 

[SoundnFury]

Team A creates a product. The product is niche specific, and has a purpose, but it is not the only product of its type in the niche. It has design advances that give it a leg up on its competition, and as a result the product sells well. The design advances are not specific to Team A. They are simply technological advances that are affecting a variety of industries. That Team A has applied them to this niche makes them the most valuable players in this niche -- or so the market says.

Team B learns of this, and decides to basically create a competitive model. Team B actually advances the product beyond Team A's development. At the point of development for Team B, Team A's product was patent pending.

Where will Team B be if the patent is awarded? Did Team B need to begin development before Team A applied for its patent? Or is Team B in the clear because development/production began before the patent was awarded?

Thanks....

consult a patent attorney

 

[zany zoroaster]

consult a patent attorney

This. Plus, as far as I understand, patent pending doesn't mean that their patent will be approved. At this point, Team B can start proactively challenging the patent.
Also, check out Design Patents (Seven - Classification of Design Patents). Maybe Team A's product isn't revolutionary enough to be a full-on patent, but Team B could meanwhile apply for just the design portion and get a Design Patent granted.

 

[Mr.HeavyHitter]

Definitely consult a patent attorney...so many factors in these situations:
wording of the actual patent when it's approved
how far advanced team B has made the product(is it still legally the same product?)
let alone what was already said(timing of development)
Get good advice moving forward...

 

[Essociate]

non-obvious improvements are patentable and you would cite the inspiration in the prior art section of your patent app. you should consult with a patent attorney.