Hybrid Patent

[roster]

If you are interested in reading such things: http://www.freshpatents.com/Hybrid-vent ... 124131.php

8/27/06: Thanks to JPZeller, here is an easier read link: http://www.patentreader.com/cache/US20060124131.pdf

[cwsanfor]

Very interesting indeed. I see that the Innomed staffer with whom I have been corresponding is actually the co-inventor! Whoa Nelly, now that's some customer service.

[Guest]

I saw one somewhere whith three inventors, same company. theres probably 20 or more on different aspects of the mask. Then you'll see cushion patents, pillow patents, they'll probably go on and on.

[Guest]

that is ONLY an application for a Patent, the patent (if granted) will take several years to obtain.

That means it is only Patent-Pending not Patented. A person could make and sell as many as they want until the patent is granted then suffer the consequences of such action.

[chdurie2]

guest:

actually, you can't get a patent unless the patent and trademark office decides your invention is useful, novel and non-obvious. most patent apps fail on the last count, but a slight variation vs. old stuff doesn't count as novel either. so there probably will not be 20 patents on cushions, pillows, shells etc. it doesn't go on and on and on, although the decision on whether to try to get a patent on the total mask vs. separate parts is a strategic one. unless you are pretty sure each component of your mask is novel and non-obvious, you can get screwed going the separate-parts route because it becomes an invitation for others to improve on what you've got and get a patent on their own thing.

what's wrong with making and selling as many as you can until you get your patent?

i thought the interesting thing about that application was the claustrophobia justification. i wonder if that will hold up. i thought it would have been better to position it as a pillows mask for mouth-breathers. but hey, there may have been good reasons why they didn't do that.

caroline

[roster]

guest:

i thought the interesting thing about that application was the claustrophobia justification. i wonder if that will hold up. i thought it would have been better to position it as a pillows mask for mouth-breathers. but hey, there may have been good reasons why they didn't do that.

caroline

Reduction of feeling of confinement is a big factor with the Hybrid. I don't have claustrophobia but I could barely stand a full face mask (or even a traditional nasal mask).

With the Hybrid there is nothing above your nostrils or in your line of view. I can read and watch tv before napping or dozing off for the night with the Hybrid. I can also get up at night and walk to the bathroom without taking the mask off and without an obstructed view.

14 nights of usage and I am really liking the Hybrid mask. Most importantly I am feeling much better. Assumption is my blood-oxygen levels have improved and/or I am having fewer sleep disturbances.

[Issac]

I beg to differ with you about a person being able to sell all they want until a patent is given.What happens is your put on notice that a patent is pending and once it is allowed, you must pay all the damages from when you were notified. My uncle lost his business that way. His lawyers told him that it was very unlikely any patents would be granted on the product he was manufacturing. Well, they were wrong.My uncle had a patent application before him and still lost because they're part of the invention predated the part he copied and they proved it. They even said he heared their idea and tried to patent it.
He use to be a great inventor but the court battle blew the wind out of his sales.

[chdurie2]

isaac:

i thought that guest meant that an inventor could make and sell all he wanted before getting the patent and then suffer the consequences because others could copy it before the patent was granted. i asked what was wrong with an inventor making and selling all he wanted before receiving a patent because, as your painful story points out, a patent holder has protection until he receives his patent as long as he files on time. i wasn't thinking of the possibility that guest meant that an imitator could make and sell all he wanted before the patent was granted and then suffer the consequences, but of course, as you point out, guest's comments could be read both ways.

it sounds like your uncle may have a malpractice case against his attorneys if it's not too late because it's hard to predict what the patent office will do when faced with a patent application. not everyone gets notice of a patent application, but maybe that's neither here nor there. your uncle's story raises a number of questions which are inappropriate to get into here, but it does sound like he received very bad legal advice. unfortunately for the victims, they are often too tired after a protracted legal battle to turn around and then sue their attorneys. it's really awful for someone to have to learn the hard way.

Caroline

[JPZeller]

Here's a better link to the published patent application: http://www.patentreader.com/cache/US20060124131.pdf

A U.S. patent is not effective until granted; however, damages can be collected for infringement dating back to the date of publication of the patent application IF the claims of the issued patent covering the accused device are substantially identical to those published.