Am I infringing on a patent???

**erichwmack** · 03-10-2015, 11:37 AM

So I received a post on my personal webpage (visitors per year = maybe 2) on which I have posted some of my CE articles, publications, and general articles. On of my favorites is a article about the future of IOL's and I propose a new method. The article was never published in a magazine or anything. Just online.

I received a post on the article from a patent holder apparently from B&L to review his patent. I pulled the number sure enough they have a similar idea (very similar) that just got patented in January.

Do I need to legally take down my article? Could I be in legal trouble if I leave it up?

It would be disappointing because I spend many months on the article researching and calling companies etc... I was originally going to use the article for my ABO master thesis, but changed my mind as it doesn't really relate to opticianry. I just worked hard on it and was somewhat proud of it.

**MikeAurelius** · 03-10-2015, 11:41 AM

Contact an attorney who specializes in patent law.

**erichwmack** · 03-10-2015, 06:25 PM

hmmm that would seem too logical

**Uncle Fester** · 03-11-2015, 10:20 AM

I'm no lawyer either but I think you would get some type of cease and desist (take down the post) before any litigation but remember this is a country where any one can sue anyone for anything anytime. Now if you were making money from it...

**Chris Ryser** · 03-11-2015, 10:50 AM

As far as I learned, having several patents registered, if the date of your original publication was before the first registration of the new patent holders, you should be ok.

Any patent holder has to have a rigorous search made and proven that no such idea has been published or used prior to the application.

Before spending a few hundred dollars with a patent lawyer spend some time finding the problem by searching the web.

Fester has a good point made.

**rbaker** · 03-11-2015, 11:41 AM

Originally Posted by Chris Ryser

As far as I learned, having several patents registered, if the date of your original publication was before the first registration of the new patent holders, you should be ok.

Any patent holder has to have a rigorous search made and proven that no such idea has been published or used prior to the application.

Before spending a few hundred dollars with a patent lawyer spend some time finding the problem by searching the web.

Fester has a good point made.

That can be the rub - proving your first discovery without publication or registration (does posting to the web constitute "Publication".) Patents and Intellectual Property Right are very complex issues, hence the need for very expensive legal council. However, in your case, just ignore the post, no harm - no foul. You will be informed of any "real" legal action will by a Federal Marshal serving you with a subpoena not some email message.

**MakeOptics** · 03-11-2015, 12:55 PM

Originally Posted by erichwmack

So I received a post on my personal webpage (visitors per year = maybe 2) on which I have posted some of my CE articles, publications, and general articles. On of my favorites is a article about the future of IOL's and I propose a new method. The article was never published in a magazine or anything. Just online.

I received a post on the article from a patent holder apparently from B&L to review his patent. I pulled the number sure enough they have a similar idea (very similar) that just got patented in January.

Do I need to legally take down my article? Could I be in legal trouble if I leave it up?

It would be disappointing because I spend many months on the article researching and calling companies etc... I was originally going to use the article for my ABO master thesis, but changed my mind as it doesn't really relate to opticianry. I just worked hard on it and was somewhat proud of it.

http://www.uspto.gov/web/offices/pac/mpep/s2128.html

Here is a reference to using the internet in relation to patents. You can always search the internet archive for an archive date for your site that would provide proof of a date of publication. If you had the money you could probably fight to have the patent revoked especially considering it's infancy. But and a big "but", if you made zero attempt towards implementing the idea or worst yet the idea is vague then you really have no leg to stand on. Even with a leg to stand on your pockets are more than likely not deep enough to fight that sort of battle. Just talking about an idea or patent does not give B and L the right to tell you to take it down, actually on the contrary by patenting the idea they allowed the public access to it, so you'll probably never even get a C&D from their lawyers.

**FL-Opt** · 03-11-2015, 04:03 PM

Originally Posted by erichwmack

So I received a post on my personal webpage (visitors per year = maybe 2) on which I have posted some of my CE articles, publications, and general articles. On of my favorites is a article about the future of IOL's and I propose a new method. The article was never published in a magazine or anything. Just online.

I received a post on the article from a patent holder apparently from B&L to review his patent. I pulled the number sure enough they have a similar idea (very similar) that just got patented in January.

Do I need to legally take down my article? Could I be in legal trouble if I leave it up?

It would be disappointing because I spend many months on the article researching and calling companies etc... I was originally going to use the article for my ABO master thesis, but changed my mind as it doesn't really relate to opticianry. I just worked hard on it and was somewhat proud of it.

Was the article written and posted on your website before he applied for a patent? If so, you own the rights to it and he could be infringing on your rights.

**newguyaroundhere** · 03-11-2015, 04:22 PM

Originally Posted by FL-Opt

Was the article written and posted on your website before he applied for a patent? If so, you own the rights to it and he could be infringing on your rights.

The question is, is it really worth going through all that trouble to try to determine whether B&L had it first or not? Even if he wrote that article before B&L applied for the patent, whats to stop B&L from saying they had started the research and only applied for the patent now?

I would not worry about it too much. If B&L really really has an issue with your post, as others have already stated, you would have received or will receive a D&C notice from them. Until then, you should be fine.

**erichwmack** · 03-11-2015, 06:35 PM

Thanks for the feedback. I will just let it hang out there and see if they send me a C&D. I just find it interesting that they spent the time to actually read the article and reach out to me. Although the message was vague and only cited their new patent number. Maybe he just wanted to share...I guess time will tell