Claiming an item is patented when it is not
Discussion
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?
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?
CubanPete said:
What is it?
It may be that a manufacturing process or use is patented.
Neither of those thingsIt may be that a manufacturing process or use is patented.
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?
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