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Software Patent — prior art search before patent filing

Started by eComm_Seller_2022 · Jul 9, 2024 · 2,623 views · 16 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
ES
eComm_Seller_2022 OP

Has anyone dealt with something like this? I'm not sure what my options are.

prior art search before patent filing. I've been dealing with this for about 12 months now and the situation isn't improving.

I have already done some research online but did not get a clear answer.

What are my legal options here? Is it worth pursuing?

DS
DevOps_Seattle

I went through almost the exact same thing.

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

AH
anon_homeowner_CA

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.

TR
throwaway_renter_OH

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.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the relevant statute years for this type of claim.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

TA
TenantRights_Advocate

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

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

NB
newbie_buyer_WA

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.

DB
desperate_business_owner_NC

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.

FK
FreelancerKate

I've dealt with this before.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

PJ
Paralegal_Jen

Been there. Here's what I learned.

What worked for me was having everything documented. It took 3-6 months but was worth it.

SA
seeking_advice_renter_WA

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.

TA
TenantRights_Advocate

Been there. Here's what I learned.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

AS
anon_student_advice

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.

WD
worried_dev_advice

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.

GL
GigWorker_LA

Been there. Here's what I learned.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

CT
CryptoTrader_2023

Been there. Here's what I learned.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

NH
need_help_creator_OH

NAL, but from what I've read, you should file a complaint. That said, definitely get a lawyer to look at the specifics.

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