---Ursprüngliche Nachricht---
From: "Michel Marchau" <310004148548-0001@T-Online.de>
To: "UJIHARA Kazuya" <ujihara@aurora.dti.ne.jp>,"Piug List" <PIUG-L@Derwent.co.uk>
Subject: Re: How long has patent downloading software been available ?
I read the comments on your question about patent download software and I want to point out the following:
Article 67 of the EPC provides that "A European patent application shall, from the date of its publication under Article 93, provisionally confer upon the applicant such protection as is conferred by Article 64, in the Contracting States designated in the application as published"
In clear: from the publication of the application, the applicant gets a "provisional right", (most of all under the condition of a translation in an official language of the country concerned)unless such a right is not provided for by the national law. The rights are definitely and retroactively determined by the granted patent (or by the amended patent in opposition proceedings).
I suppose that such a provisional protection exists in most patent systems.
I haven't read the WO-application, but I suppose that the suggestion about the earlier use of "Lattice" is a valuable suggestion.
Article 115 EPC provides that anybody may present observations concerning the patentability of the invention. An earlier use of the downloading software can already be signalled to the EPO. Good luck.
"UJIHARA Kazuya" <ujihara@aurora.dti.ne.jp> schrieb:
> 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
> >
>
>
>
> **********************************************************************
> This email and any files transmitted with it are confidential and
> intended solely for the use of the individual or entity to whom they
> are addressed. If you have received this email in error please notify
> the system manager.
>
> This footnote also confirms that this email message has been swept by
> MIMEsweeper for the presence of computer viruses.
>
> www.mimesweeper.com
> **********************************************************************
>
>
------
This archive was generated by hypermail 2b30 : Fri Feb 14 2003 - 11:56:37 GMT