How to protect yourself against a patent troll
- by admin
A patent troll has been targeting small business owners in Australia with a patent application claiming they can protect themselves from an infringement claim by using their own design patents.
Patent trolls have been attacking small business owner Patience Leggings for using her design patent cost patents on the front page of her website.
She said she was unaware of the patent being used to make a false claim that she was the only small business in Australia.
“I am not the only one who has got these things and I don’t think anyone else does either,” she said.
“The first thing that comes to mind is that people are taking advantage of this patent, and I just think it’s really unfair.”
We are the most technologically advanced country in the world, we have a very strong system of intellectual property, we can’t let the patents get in the way of innovation.
“Patent troll: Patience leggins, the woman who started the internet, says she has a patent on the ‘patent troll’ nameThe patent application for the design patent covers the same material as her design patents, but claims the use of the design was made by a person who has never been identified as the person in the patent application.”
In addition, the claims contained in this application are materially different from those contained in the design patents,” the patent filing says.”
It is a common practice for patent trolls to engage in fraudulent use of existing patents and to falsely assert a new claim that has not been proven in the relevant art.”‘
We’re the most technology-savvy nation on earth’The patent filing also claims the invention was patented by an unnamed company.
Patience Leigins website is not the first time patent trolls have targeted businesses that use their design patents to raise money.
In 2016, Patience’s design patent was used to launch a new type of business called ‘Patience’s Patience’ with a new slogan.”
Patience leigins has started the first business that sells her handmade clothes in the town of Patience,” the company’s website reads.”
Her name is Patience and she is an Australian fashion designer, but she has made her mark in the fashion world with her designs for brands like Louis Vuitton, Chanel and Dior.
“Patience also has a small number of patents in the UK, but her application was rejected by the UK Intellectual Property Office.
In a statement, Patients Patience said it had received an application from Patience which stated: “In accordance with the European Patent Cooperation Agreement, we are obliged to use a particular design patent for this patent.”
The Australian Government has previously warned businesses not to use their designs as the basis for an infringement action against other people.
Patient Leigings is the latest person to come under fire for using design patents on her website, with the US Patent and Trademark Office (USPTO) taking a look into the matter.”
If a person uses a design patent, that design patent is the subject of the claim of infringement and is subject to the rules of the United States Patent and Trade Office,” a spokesperson for the USPTO said in a statement.”
That claim is then brought against the person who first claimed to have the patent, in this case Patience.
“When the US patent office receives such an application, they will determine whether to grant the patent.”
A spokesperson for Patience told ABC News the company was aware of Patients patent application and was not aware of the US PTO’s action.
“As a small business, we know the law of infringement is complex and we take all appropriate steps to protect our business and intellectual property rights,” the spokesperson said.
The Australian Business Law Centre has urged businesses not use design patents as a basis for a patent infringement action.
A patent troll has been targeting small business owners in Australia with a patent application claiming they can protect themselves…