Claiming an item is patented when it is not

Claiming an item is patented when it is not

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Discussion

anonymous-user

Original Poster:

55 months

Monday 15th August 2016
quotequote all
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?

CubanPete

3,630 posts

189 months

Monday 15th August 2016
quotequote all
What is it?

It may be that a manufacturing process or use is patented.

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?

Stephanie Plum

2,782 posts

212 months

Tuesday 16th August 2016
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If the patent is clearly not applicable then no section of the act would apply. However, depending on the size of the organisation you are taking on, be bloody sure you are right.

We used to have a series of worldwide patents across our products, and protecting them in court was expensive and ultimately futile, though we used to roar occasionally we only once followed up.

anonymous-user

Original Poster:

55 months

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

pincher

8,586 posts

218 months

Tuesday 16th August 2016
quotequote all
I know that there are a few patent experts on here (apologies if any of the previous posters are amongst them) - there's a guy called patently who is very knowledgeable and may be able to help.

sgrimshaw

7,335 posts

251 months

Tuesday 16th August 2016
quotequote all
Unauthorised Claim of Patent Rights?

https://www.gov.uk/guidance/manual-of-patent-pract...


anonymous-user

Original Poster:

55 months

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

lostmotel

156 posts

136 months

Tuesday 23rd August 2016
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I've been looking at this quite a bit recently. Last prosecution under s.110 was in 1980 and the maximum fine is only £1000, so actually going through with a private prosecution (I doubt Trading Standards will be particularly interested) will not be worth it.

I would therefore also look at a complaint to the ASA for any advertising referencing "patented" products, and a complaint to the Competition and Markets Authority under the wonderfully concisely-titled Business Protection from Misleading Marketing Regulations 2008. If they have a trade body with a code of conduct a complaint to them would be worth looking at too.

anonymous-user

Original Poster:

55 months

Tuesday 23rd August 2016
quotequote all
Useful stuff, thanks

Katzenjammer

1,085 posts

179 months

Wednesday 31st August 2016
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It would be interesting to see the patent and the product in question. It may not be the case here, but to the untrained eye patent "claims" can bear little resemblance to the product they are supposed to protect.

False patent marking claims used to be a hot potato in the USA.

It used to be that any person could sue in the US for false US patent marking, and the penalty was crazily generous: up to $500 per item falsely marked. That could and often did work out a hell of a lot $$

The law was changed more recently so only the United States Gov can pursue the “up to $500 per item” fine. Anyone else commercially harmed by the false marking can only sue for damages associated with their commercial losses.