Can I send a cease and desist letter if my patent is pending?
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?
Answered By: Kafantaris Law Group
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
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
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
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/12/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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