Asking for a Patent # or Proof

[Josh Jones]

Jurisdiction

US Federal Law

Hello:


First time here asking a question. I have a person who has and makes something similar to what I have. They are claiming I have patent infringement via an email, and said I can either get a cease & desist letter or they can let me make my invention and sue me later. They said I can make it and they will sue me later.

I have asked for their patent # or copy, claims, and they will not respond to me. I have searched all over patent office for it with name, cities, states, inventions and find nothing. They claim they have a military application patent in the email and that is it?

what do you do at this point if I cant' find the patent, they won't give me the patent #? I sent another message formerly asking for a cease and desist letter with the patent # or that we may continue, but not sure what else to do.

Does a person have to provide a patent number if they claim patent infringement?

 

[Zigner]

Nope.

 

[army judge]

what do you do at this point if I cant' find the patent, they won't give me the patent #?

Most people in your predicament would make an appointment with a trusted, qualified "patent attorney".

It is rarely wise or prudent to engage your enemy.

I sent another message formerly asking for a cease and desist letter with the patent # or that we may continue, but not sure what else to do.

That was ill advised.

You need to retain a patent attorney to assist you in protecting your intellectual property and/or invention.

Does a person have to provide a patent number if they claim patent infringement?

Perhaps, but such a person IF he or she is a SCAMMER is best avoided.

Your patent attorney will discuss all that you need to know in order to protect yourself.

 

[Josh Jones]

Interesting, I thought the purpose of a patent is to make the claims public so others will review and not infringe. Seems like a reasonable thing to ask for with a claim?

 

[Zigner]

Interesting, I thought the purpose of a patent is to make the claims public so others will review and not infringe. Seems like a reasonable thing to ask for with a claim?

Your question wasn't whether or not it is a reasonable thing to request.

 

[zddoodah]

I have a person who has and makes something similar to what I have.

What do you mean when you say you "have" this person?

They are claiming I have patent infringement via an email, and said I can either get a cease & desist letter or they can let me make my invention and sue me later. They said I can make it and they will sue me later.

In the first sentence of the post, you wrote that this person "has and makes something similar to what I have," but now you seem to be saying you haven't made this thing?? How does this person know what you're doing or what you're making or intending to make?

They claim they have a military application patent in the email and that is it?

Despite your use of a question mark, this sentence isn't a question. If you intended it to be a question, I cannot discern what you intended to ask.

what do you do at this point if I cant' find the patent, they won't give me the patent #?

I don't do anything. You, on the other hand, may want to consult with a local patent attorney.

Does a person have to provide a patent number if they claim patent infringement?

As your post makes clear, the answer is no.

Seems like a reasonable thing to ask for with a claim?

It is, but your question was whether the person claiming infringement has to provide a patent number.

 

[adjusterjack]

Does a person have to provide a patent number if they claim patent infringement?

In court they do. But you should probably try to avoid that.

I agree with Army Judge.

If your invention/device/creation is ever going to mean money for you, you need a patent attorney to assist you in getting a patent and make sure you aren't infringing.

Patent searches are complicated and it takes an expert to know how to search. That you couldn't find it doesn't mean there isn't one.

And keep in mind that there could be several patents on similar items that have only minor variations.