Can I send a cease and desist letter if my patent is pending? 2 Answers as of August 12, 2010

My patent is still pending but I have found that a related company is conducting significant research in order to develop a product that is, essentially, identical to mine. Can I send them a cease and desist letter or is there nothing that I can do while my patent is still pending?

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Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
Unfortunately, you have no enforceable rights unless your application becomes a patent. It may be wise to notify the offending party of your pending application.
Answer Applies to: California
Replied: 8/12/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No one can stop another from doing research. All discovery and research would cease. IF and when they apply for a patent or create anything that infringes on your patent, then you can worry about a letter or lawsuit. Pending gives you the right to protect, subject to denial of your patent by the Patent and Trademark Office.
Answer Applies to: California
Replied: 8/12/2010
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