michaelsuede
Graduate Poster
- Joined
- Mar 21, 2011
- Messages
- 1,565
Still gonna need that US patent if you want USA patent protection AND until that is done there is no USA patent protection. Sell them in Canada all you want, not much stopping someone from producing and selling them in the USA and not paying Mills a cent UNTIL he has that patent.
Not really.
No one with the capital to setup a production operation that creates copies of Mills units would be willing to risk Mills eventually winning his lawsuit and getting a back-dated patent.
At which point, Mills could sue them for everything.
Once a patent is on file with the WIPO, it's almost as if you have full legal protection in every member state.
They would have to gamble that:
1. The US Patent Office would refuse to issue a patent for a fully working device that already has patents on file in member states.
2. That a US judge would rule against Mills in a new patent suit, where he has a fully working unit to support his case.
I find both of these scenarios to be unlikely, and I'd wager that anyone with the capital to build a production facility would also find them to be highly unlikely.
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