Patent Pending
Patented and patent pending includes the ability to pursue civil and criminal penalties for infringement. When performed in countries of patent or patent pending, the following are prosecutable for infringement:
Criminal penalties of conspiracy to defraud or abuse of process apply when: a) a person both participates in a process where funding is denied on a proposal when the proposal meets the primary objectives of the agency considering funding the project and b) that same person is involved in a process where similar work is funded for research.
The above civil and criminal penalties cannot be avoided by simply stating or writing that the technology has already been done. A technology is patentable when the details of practicing a disclosed technology result in benefits that are not obvious based on a previous disclosure of the technology. Under normal circumstances, if the advantages of a disclosed technology were obvious, it would be in use.
Specific legal criteria exist for the civil court and criminal court enforcement of all the above.
- Manufacturing without a license.
- Sales without a license.
- Research, other than self-funded research, without a license.
Criminal penalties of conspiracy to defraud or abuse of process apply when: a) a person both participates in a process where funding is denied on a proposal when the proposal meets the primary objectives of the agency considering funding the project and b) that same person is involved in a process where similar work is funded for research.
The above civil and criminal penalties cannot be avoided by simply stating or writing that the technology has already been done. A technology is patentable when the details of practicing a disclosed technology result in benefits that are not obvious based on a previous disclosure of the technology. Under normal circumstances, if the advantages of a disclosed technology were obvious, it would be in use.
Specific legal criteria exist for the civil court and criminal court enforcement of all the above.