This is not the appropriate time to argue this question.
The document Image Applications has drawn your attention to is merely a
published application without a search report. Several things have to happen
before anyone can sue you for infringing the patent.
A search for prior art similar to the claimed invention has to be done by a
PCT examiner,
If relevant prior art is found, the applicant may change the claims to
avoid claiming unpatentable matter,
The applicant has to transfer the PCT application to the national patent
offices where actual patents are wanted,
Each country's patent office has to examine the claims in light of the
prior art and the national patent laws,
If claims are rejected, the applicant will amend the claims to overcome the
rejection and satisfy that country's laws,
If the claims are found to be patentable, a patent will issue in that
country,
Only then, when a patent is granted, can you be sued for infringing the
patent - and you have to be sued in each country where acts of infringement take
place.
In some countries and territories (Europe and Japan, for example), you can
file an opposition when the patent is granted.
Preparing for lawsuits and oppositions several years in advance would be
helpful, but you have to be certain that you're looking for the right things. I
would strongly suggest that you engage the services of an intellectual property
lawyer with experience in the computer area. There are also non-attorney
experts who consult in this kind of technology, whose insight into the likely
patentability of the claims would be valuable. Some of them are members of this
list, and I'd be surprised if you didn't hear from them.
Edlyn Simmons
Internet Mail Message
Received from host: [193.123.78.40]
[193.123.78.40]
From: "UJIHARA Kazuya" <ujihara@aurora.dti.ne.jp> on 01/15/2002 03:56 PM GMT
"UJIHARA Kazuya" To: piug-l@derwent.co.uk
<ujihara@aurora.dti.ne.jp> Cc: (bcc: Edlyn Simmons-ES/PGI)
Subject: How long has patent downloading
software been available ?
01/15/2002 10:56 AM
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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