Re: [Harp-L] B-Radical



The following text is from the USPTO website:

" Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the patent is issued or the application is published. After the application has been published, however, a member of the public may request a copy of the application file. After the patent is issued, the Office file containing the application and all correspondence leading up to issuance of the patent is made available in the Files Information Unit for inspection by anyone, and copies of these files may be purchased from the Office."

This means that you can't get any information from the USPTO about a pending patent for 18 months after the application is filed. Then it will be published and available on the internet. In the meantime, all you are going to know is what Harrison chooses to tell you.

After making a patent application, a number of things can happen:
1. The claims can be denied, possibly starting a negotiating process to narrow the claims.
2. The claims can become so narrow that they can be easily avoided, making the patent almost meaningless.
3. The application can be abandoned by the applicant.
4. The patent can be issued.
5. The issued patent can be later challenged and found invalid, usually because of the discovery of "prior art".


"Patent Pending" sounds impressive but because of all the possible outcomes, doesn't mean much.

Vern


----- Original Message ----- From: "Jonathan Ross" <jross38@xxxxxxxxxxx>
To: <harp-l@xxxxxxxxxx>
Sent: Tuesday, June 30, 2009 4:11 PM
Subject: Re: [Harp-L] B-Radical



Maybe, just maybe, your bringing up their pending patent(s)? all the time will hurt their feelings and they won't want to sell you one.

Why? If the patent has merit it should be awarded, I have nothing to do with that either way. Indeed, I can't comment on that at all since I've never seen it and have no clue what the claims are.


I just want to see the application, which should be possible since these are publicly archived and available for viewing, online no less. I just can't seem to find it, so was asking for some help. An application number (which I would think would be easy to post) would let me find it easily. Even if it isn't available online for some reason I am pretty sure I could then purchase a hard copy from the patent office. How is any of that an unreasonable request?



JR Ross
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