Help with a legal question?
mario develops a new easy to use hadn tool and sells them on sonsignment at thrifty hardware. delta tools purchases a foot tool from thrifty and gives it to industrial design who makes a very similar tool that industrial sell back to delta.
what patent rights if any does mario have?
how and against whom may he pursue this possible infringement baggage??
If Mario patented his invention and subsequently sold it, he can sue Industrial design for infringement. He can probably sue delta tools under another theory of recovery, close to unjust enrichment or interference with economic independence or something like that.
If Mario didn't patent his invention before it go on sale, then he can be seen to hold disclaimed his patent rights, because he put it on sale without obtain exclusive rights to it. You are only allowed to share your to-be-patented invention for experimental purposes in order to allege your patent rights. So he may or may not have patent rights--depends on when he file for a patent and whether he did so after or before he put the items on sale.
never bestow away anything that you have not copy righted or,applied for patent on!otherwise you will get screwed "what exclusive rights rights if any does mario have?"
Depends on whether or not he ever filed for a patent, and if he did, whether it be granted or not. If he has filed for a patent but it have not yet been granted ("Patent Pending"), he has some set protection. If a patent application has been denied, he have none at all. If a patent has be granted he can sue any party that offers an infringing tool for sale.
He "might" be capable of successfully sue "Industrial Design", but his damages, based on the isolated sale of a single prototype, would be negligible. If Delta starts marketing the infringing product, though, he would hold the right to both seek an injunction ordering them to cease, AND damages base on their sales.
Richard
