Claiming an item is patented when it is not

Claiming an item is patented when it is not

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anonymous-user

Original Poster:

55 months

Monday 15th August 2016
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If it is claimed that an item is patent protected: i.e. it is marked on the item that it is patent protected and a patent number is cited

but the item clearly can not be protected by that patent (none of the claims are met and the real life item looks nothing like the item in the patent documentation)

how is that dealt with?

I suppose there could be a mistake in the patent number marked on the item, but let's say that the manufacturer is deliberately stating the item is patent protected when it is not.

What happens? What is the appropriate part of the legislation to use to address this?

anonymous-user

Original Poster:

55 months

Monday 15th August 2016
quotequote all
CubanPete said:
What is it?

It may be that a manufacturing process or use is patented.
Neither of those things

For the purpose of my question, take it as blatantly as you can. Let there be no doubt that the patent is not applicable and the claim is wholly false.

Which is the appropriate section of the patent act that would apply?

anonymous-user

Original Poster:

55 months

Tuesday 16th August 2016
quotequote all
Surely something wrong is being done if claiming patent protection illegitimately?

anonymous-user

Original Poster:

55 months

Tuesday 16th August 2016
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That's it, good find. Thanks!

anonymous-user

Original Poster:

55 months

Tuesday 23rd August 2016
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Useful stuff, thanks