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Software Patent — prior art search before patent filing

Started by confused_buyer_legal · Jun 11, 2024 · 1,562 views · 9 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
CB
confused_buyer_legal OP

I'm in a difficult situation and trying to figure out my next steps.

prior art search before patent filing. I've been dealing with this for about 15 months now and the situation isn't improving.

I have already done some research online but the other party is not cooperating.

What are the risks if I pursue this? What's the likely timeline?

NF
newbie_freelancer_2024

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

TL
Mod_TermsLaw Moderator

I specialize in this area of law. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

JC
just_curious_employee_GA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NH
need_help_tenant_IL

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

OD
OpenSourceLawyer_Dan

I've seen this play out several times in my field.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

RE
RemoteWorker_EU

I've seen this play out several times in my field.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

FT
first_time_parent_CA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

CW
confused_worker_legal

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

FF
frustrated_freelancer_NY

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

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