This is not a legal opinion, however perhaps you could
gently point out to Mr. Mayall that WO 01/01234 is an
application and nothing more. It provides no rights or protection
against infringement until it is examined and granted,
and only then in the countries in which it is
examined and granted.
I believe that most patent granting authorities have
procedures for accelerating examination when there is
a potential infringement. If Mr. Mayall is so worried about
infringement, he should be pursuing accelerated
examination.
Until there, I would expect that you have more important
matters (such as separating burnables from nonburnables)
to spend your time on.
UJIHARA Kazuya wrote:
> Dear PIUG list,
>
> I am UJIHARA Kazuya, the author of GetIPDL, patent downloading software.
> <http://www.aurora.dti.ne.jp/~ujihara/GetIPDL/>
> I got some e-mails from Mr. Mayall, the author of PatSee.
> He says that GetIPDL is infringing his intellectual property described
> in WO01/01234.
> But, I consider that GetIPDL does not use the arts claimed in
> WO01/01234.
> Furthermore, I believe that his invention is not satisfy a patent
> requirement because the invention is not progressive,
> and patent downloading software is available on the earliest priority
> date of WO01/01234.
> I know one patent downloading software, whose name is PatCite.
> It was written by Mr. Dudley J. Mills and his product is released on
> 1997 as the version 3.0.
> In order to make my opinion more reliable, please let me know the
> following questions.
> How long has patent downloading software been available ?
> When were they available ?
> Who produced them ?
>
> Thank you in advance.
>
> Regards,
>
> UJIHARA Kazuya <mailto:ujihara@aurora.dti.ne.jp>
>
> -----Original Message-----
> From: Support [mailto:support@imageapps.co.uk]
> Sent: Friday, January 04, 2002 7:51 PM
> To: ujihara@aurora.dti.ne.jp
> Subject: GetIPDL
>
> Dear Sirs,
>
> Please address all future correspondence regarding the above program and
> International patent publication number WO 01/01234 to:
>
> support@imageapps.co.uk.
>
> Legal Department
> Image Applications Limited
>
> -----Original Message-----
> From: lattice@yall.screaming.net [mailto:lattice@yall.screaming.net]
> Sent: Wednesday, December 19, 2001 4:05 AM
> To: UJIHARA Kazuya
> Subject: Re: Patent Problem
>
> Dear Sirs,
>
> Thank you for your comments.
>
> We would be grateful if you could advise what feature in the claims of
> WO01/01234 is absent from GetIPDL. Presumably you will have no problem
> providing this information if your product genuinely falls outside of
> the
> claims.
>
> In our understanding GetIPDL clearly falls within the claims but we
> would be
> pleased if you could explain the basis of your opinion.
>
> As you are connected to the intellectual property field you will no
> doubt
> understand the seriousness of this matter.
>
> Thank you for continued attention.
>
> Legal Department
> Image Applications Limited
> =================================
>
> UJIHARA Kazuya writes:
>
> > Dear Sirs,
> >
> > I believe that your invention was made to a person having ordinary
> > skill in internet programming. And, GetIPDL does not use the arts
> > claimed in WO 01/01234. If you continue it, I will consult with some
> > IP newsgroups, mailing lists, and so forth.
> >
> > Regards,
> >
> > Ujihara Kazuya
> >
> > -----Original Message-----
> > From: Image Applications Limited [mailto:lattice@yall.screaming.net]
> > Sent: Sunday, December 16, 2001 7:58 PM
> > To: ujihara@aurora.dti.ne.jp
> > Subject: Patent Problem
> >
> >
> > Dear Sirs,
> >
> > Thank you for your prompt reply to our e-mail regarding your product,
> > GetIPDL, and International Patent Application WO 01/01234.
> >
> > We have read the items from the archive. These items are not
> > persuasive and, in our opinion, would not be accepted by the Patent
> > Office or Court as evidence of invalidity. For example one item
> > alleges invalidity over unspecified documents of no proven date.
> >
> > As for the alleged prior use of PatCite and DIP-J software to which
> > you refer, again this allegation is unsubstantiated. We are not aware
>
> > of either product having been made available to the public before the
> > priority date. The evidentiary requirements have not been met, nor do
>
> > we believe they can be met as we have no knowledge of these products
> > being made available to the public in any form affecting validity of
> > our patent rights.
> >
> > Your manufacture of GetIPDL damages the legitimate business interests
> of
> > Image Applications Limited.
> >
> > Your comments within 13 days would be appreciated.
> >
> >
> > Legal Department
> > Image Applications Limited
> > =================================
> >
> >
> > Dear Sirs,
> >
> > Please read
> > http://www.derwent.com/archive/piug/0989.html
> > http://www.derwent.com/archive/piug/0991.html
> > . They are similar to my opinion.
> > Additionally,
> > Your invention is publicly known and worked in PatCite and DIP-J
> > softwares on priority date of WO 01/01234. What's new in your
> > invention ?
> >
> > Regards,
> >
> >
> > -----Original Message-----
> > From: Image Applications Limited [mailto:lattice@yall.screaming.net]
> > Sent: Saturday, December 15, 2001 6:48 PM
> > To: ujihara@aurora.dti.ne.jp
> > Subject: Patent Problem
> > Importance: High
> >
> >
> > Dear Sirs,
> >
> > We wish to draw your attention to International Patent Application WO
> > 01/01234. This realtes to software for downloading patents from free
> > servers. We have noticed your software GetIPDL and we are naturally
> > concerned about your activities.
> >
> > Your comments within 14 days would be appreciated.
> >
> >
> > Legal Department
> > Image Applications Limited
> >
>
>
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