I have been developing the taxi booking system for the past three years. It has now gone through phase 5, i.e TABS 5. All the development were done using our initiative and by trial and error. I just received a letter from a big law firm in Singapore that suggest that I am infringing somebody's patent. It reads as follows:
REPLY TO THE LAWYER
I find your letter to be written in a complex manner. Can you state clearly what you are referring to and in what manner you are alleging that your client's patent has been infringed? I find this type of communication to be deplorable.
REPLY TO THE LAWYER
I find your letter to be written in a complex manner. Can you state clearly what you are referring to and in what manner you are alleging that your client's patent has been infringed? I find this type of communication to be deplorable.
7 comments:
Sounds fishy. Cannot find application number 053883 in http://www.wipo.int/patentscope/search/en/structuredSearch.jsf
Good gracious.... What type of lawyers are this? Not from Lee & Lee I suppose
Dear Mr Tan,
In that case, ALOT of apps that book taxis fall under this "patent". But that's the thing...it's a patent application not a patent award. Plus it's applied as late as 2011.
It would be interesting to see the development of this "case" sir
thank you!
The big name law firm knows that their client has no basis for a claim for patent infringement. But they are prepared to write this deplorable letter, which I consider to be an "extortion" in disguise. I may write a letter of complaint to the Law Society for this type of deplorable behavior.
You are unable to search for PCT/IB2011/053883 is because the international PCT application was filed through International Bureau in Geneva, Switzerland but the application has not being publish yet.
This process is usually called "Patent Pending".
Subsequently, 18 months after the filing date or the priority date, the international PCT application will be published by the International Bureau at the WIPO, based in Geneva, Switzerland.
30 months from the filing date of the international PCT application or from the earliest priority date of the application if a priority is claimed, the international phase ends and the international PCT application enters in national and regional phase.
Thanks victor. That explains. FYI:
Can third parties access documents contained in the file of the international patent application? If so, when?
Until international publication (18 months after the priority date), no third party is allowed access to your international patent application unless you request or authorize it. If you wish to withdraw your application (and you do so before international publication), international publication does not take place and, as a consequence, no access by third parties is permitted. However, where international publication occurs, certain documents in the international application file are made available electronically together with the published international application (see “PCT Online File Inspection” at www.wipo.int/patentscope/en/database/search-adv.jsp) and third parties can request copies of most other documents contained in the file of the international application (see PCT Rule 94); such requests may be made either to WIPO or the national or regional Offices, depending on the document concerned. Under certain conditions, third parties can also have access to the written opinion established by the International Searching Authority, including any informal comments submitted by the applicant, and to the international preliminary examination report.
Source:http://www.wipo.int/pct/en/basic_facts/faqs_about_the_pct.pdf
I will be writing a letter of complaint to the Law Society to complain about the alleged unprofessional conduct of the big name lawyer.
Their letter has a hidden threat of legal action for infringement of patent. As a professional lawyer, they have a duty to advice their clients about the legitimacy of their case. They cannot just abuse their power and knowledge of the law to make a unjustified demand for payment of royalty.
I consider their action to tantamount to extortion.
Post a Comment