If you have a Non Provisional Patent filed and someone knows what your product is about, are they permitted to retail it after 6 months? 3 Answers as of November 20, 2013

This would be six months after the filing date. The Patent was never filed only the Non Provisional Patent which gives the person a chance to market it. Does this protect your product?

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Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
Your rights to sue someone for patent infringement begins when the application issues as a patent. While you are patent pending you have the best possible protection. The only thing better than patent pending is an issued patent. Normally all non-provisional patent applications are published 18 months after the earliest effective filing date. Once you become patent pending, you should begin to market and sell your invention. While someone else can produce a product that infringes on your application while it is pending, once the patent issues you can file a law suit against them for any future infringement.
Answer Applies to: California
Replied: 11/20/2013
Microtechnology Law & Analysis | Daniel Flamm
Presumably what you mean to say is that you have a patent *application* filed. A patent application does not confer any rights to exclude a competitor from practicing what is claimed (until/unless it issues as a patent). However that part about the "patent was never filed" seems to contradict my presumption and that you filed a non-provisional patent. Please clarify your question and what you meant to say.
Answer Applies to: California
Replied: 11/20/2013
Shimokaji & Associates
Shimokaji & Associates | Michael Shimokaji
A non-provisional patent application does not give one the right to stop infringement - only an issued patent. Therefore, if the other person seeks to retail a product covered by your pending application as opposed to an issued patent), you do not yet have patent rights to stop the infringement.
Answer Applies to: California
Replied: 11/20/2013
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