Patent Pending - Hey Mario (From the new album "Brighter")

Channel: BandWorld   |   2013/09/22
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Patent Pending - Hey Mario (From the new album "Brighter")
Patent Pending - Hey Mario (From the new album "Brighter")
::2013/09/22::
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Patent Pending - Brighter (Lyric Video)
Patent Pending - Brighter (Lyric Video)
::2013/10/04::
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Patent Pending: Douchebag (Official Music Video)
Patent Pending: Douchebag (Official Music Video)
::2011/12/06::
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Patent Pending - Let Go
Patent Pending - Let Go
::2013/10/21::
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Patent Pending - Classic You (Ft. Jaret Reddick) Lyric Video
Patent Pending - Classic You (Ft. Jaret Reddick) Lyric Video
::2013/12/06::
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Patent Pending - "One Less Heart to Break" Official Music Video
Patent Pending - "One Less Heart to Break" Official Music Video
::2011/03/29::
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Patent Pending - Spin Me Around (Official Music Video)
Patent Pending - Spin Me Around (Official Music Video)
::2012/10/23::
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Patent Pending - Psycho In Love (Lyric Video)
Patent Pending - Psycho In Love (Lyric Video)
::2012/09/26::
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Patent Pending - "I Already Know (She Don
Patent Pending - "I Already Know (She Don't Give A Shit About Me)" Official Music Video
::2012/06/16::
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Patent Pending - Classic You (Feat. Jaret Reddick)
Patent Pending - Classic You (Feat. Jaret Reddick)
::2013/10/04::
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Patent Pending - All-Star Hipster
Patent Pending - All-Star Hipster
::2013/10/07::
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Patent Pending -
Patent Pending - 'I'm Not Alone' Lyric Video (from 2010 EP "I'm Not Alone")
::2013/05/24::
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Patent Pending - Battles
Patent Pending - Battles
::2013/10/07::
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Backstreet Boys - I Want It That Way (Patent Pending - Cover)
Backstreet Boys - I Want It That Way (Patent Pending - Cover)
::2013/02/12::
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Patent Pending - Enema of the State (blink-182 cover)
Patent Pending - Enema of the State (blink-182 cover)
::2012/12/13::
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Patent Pending - The Whiskey The Liar The Thief
Patent Pending - The Whiskey The Liar The Thief
::2013/10/07::
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Patent Pending - "The Big Bang Theory Theme" & "Douchebag" Live at the Download Festival 2013
Patent Pending - "The Big Bang Theory Theme" & "Douchebag" Live at the Download Festival 2013
::2013/06/15::
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little miss impossible patent pending lyrics
little miss impossible patent pending lyrics
::2012/02/26::
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How A Provisional Patent Application Works
How A Provisional Patent Application Works
::2013/11/02::
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Patent Pending - Hey Mario
Patent Pending - Hey Mario
::2013/09/29::
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One Less Heart To Break Patent Pending Lyric Video
One Less Heart To Break Patent Pending Lyric Video
::2011/10/03::
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Limp Bizkit - Break Stuff (Cover by "Patent Pending" available on the album - "Spring Break
Limp Bizkit - Break Stuff (Cover by "Patent Pending" available on the album - "Spring Break '99")
::2012/12/10::
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Heavens - Patent Pending
Heavens - Patent Pending
::2010/08/05::
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Decemberween - Patent Pending
Decemberween - Patent Pending
::2012/02/05::
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Patent Pending - Spin Me Around
Patent Pending - Spin Me Around
::2011/07/24::
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Patent Pending Joe Ragosta Interview with Black Velvet Magazine
Patent Pending Joe Ragosta Interview with Black Velvet Magazine
::2013/09/29::
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Patent Pending-I Want It That Way (Backstreet Boys Cover)
Patent Pending-I Want It That Way (Backstreet Boys Cover)
::2012/12/12::
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Patent Pending - Dear Stacy, I Hate You
Patent Pending - Dear Stacy, I Hate You
::2012/09/09::
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Patent Pending - Old And Out Of Tune (Lyrics in description)[HQ]
Patent Pending - Old And Out Of Tune (Lyrics in description)[HQ]
::2012/05/13::
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Hey Mario by Patent Pending (9/28/2013)
Hey Mario by Patent Pending (9/28/2013)
::2013/10/02::
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Patent Pending - "Anti-Everything" Live at the Download Festival 2013
Patent Pending - "Anti-Everything" Live at the Download Festival 2013
::2013/06/15::
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Patent Pending - There Was A Time
Patent Pending - There Was A Time
::2013/10/07::
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Patent pending - spin me around
Patent pending - spin me around
::2011/08/02::
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Patent Pending - Douchebag (Lyric Video)
Patent Pending - Douchebag (Lyric Video)
::2011/06/27::
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PATENT PENDING "DROP DEAD" Music Video (JERSEY SHORE)
PATENT PENDING "DROP DEAD" Music Video (JERSEY SHORE)
::2010/01/21::
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Patent Pending - She
Patent Pending - She's A Ho-Ho-Ho Merry Christmas
::2007/12/05::
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Second Family by Patent Pending
Second Family by Patent Pending
::2012/09/09::
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Patent Pending - Big Bang Theory Theme Song (Cover - Featuring Soft Kitty)
Patent Pending - Big Bang Theory Theme Song (Cover - Featuring Soft Kitty)
::2013/03/18::
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Patent Pending Day LI (9/28/2013) Patent Pending - Hey, Mario (Acoustic)
Patent Pending Day LI (9/28/2013) Patent Pending - Hey, Mario (Acoustic)
::2013/12/05::
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Heavens - Patent Pending [full album]
Heavens - Patent Pending [full album]
::2013/10/08::
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Patent Pending - Damn
Patent Pending - Damn
::2013/10/07::
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Patent Pending - Second Family (Family Photos)
Patent Pending - Second Family (Family Photos)
::2013/06/26::
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Walk In Closet by Patent Pending
Walk In Closet by Patent Pending
::2010/09/23::
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Patent Pending Interview - BFS Farewell Tour 2013
Patent Pending Interview - BFS Farewell Tour 2013
::2013/10/16::
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Douchebag - Patent Pending Lyrics
Douchebag - Patent Pending Lyrics
::2011/10/06::
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Heavens - Patent Pending
Heavens - Patent Pending
::2006/10/30::
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Dance Till
Dance Till' We Die - Patent Pending
::2011/08/15::
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Patent Pending - These Pools Were Made for Hopping 1080p HD!
Patent Pending - These Pools Were Made for Hopping 1080p HD!
::2012/05/30::
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Patent Pending- Cheer Up Emo Kid
Patent Pending- Cheer Up Emo Kid
::2009/07/16::
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Patent Pending - Hyperactive
Patent Pending - Hyperactive
::2012/09/17::
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From Wikipedia, the free encyclopedia
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The expressions "patent pending" (sometimes abbreviated by "pat. pend." or "pat. pending") or "patent applied for" refer to a warning that inventors are entitled to use in reference to their product or process once a patent application has been filed, but prior to the patent being issued or the application abandoned. The marking serves to notify potential infringers who would copy the invention that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued.

Fraudulent use of the patent pending warning is prohibited by the law of many countries and inventors should be cautious when marking products or methods that may arguably not be covered by any pending patent application. In some jurisdictions, such as the United Kingdom, a warning notice should ideally mention the number of the pending application.[1]

Legislation[edit]

Australia[edit]

In Australia, according to IP Australia, the term "patent pending" refers to an invention in respect of which a patent application has been filed at the patent office but for which a patent has not necessarily been granted. [2] The marking of an article has a legal effect under Section 123 of the Patents Act 1990 with the result that a defendant is taken to be aware of the existence of patent rights. [3]

In Australia, the preferred marking is "Aust. Pat. App. No. yyyynnnnnn" where "yyyy" is the four-digit year of the application and "nnnnnn" is the six-digit number allocated by the Australian Patent Office.

There are penalties for making a false indication of the existence of patent rights for any invention. [4]

United States[edit]

In the United States, according to the United States Patent and Trademark Office, the expression "Patent Pending" as such does not protect an invention until the actual patent is published and/or issued:

"A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word "Patent" and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.
The marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty. Some persons mark articles sold with the terms "Patent Applied For" or "Patent Pending". These phrases have no legal effect, but only give information that an application for patent has been filed in the Patent and Trademark Office. The protection afforded by a patent does not start until the actual grant of the patent. False use of these phrases or their equivalent is prohibited". [5]

The use of the term "patent pending" or "patent applied for" is permitted so long as a patent application has actually been filed. If these terms are used when no patent application has been filed it is deemed as a deceptive act and a fine of up to $500 may be imposed for every such offense.[6] Under the Forest Group, Inc. v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009) decision, the current interpretation of "offense" has each mis-marked article constitutes an offense, which permits theoretical damages in the hundreds of millions of dollars for high-volume consumer goods.[7] The Leahy-Smith America Invents Act has changed much of this.

A provisional application, like any other patent application, also allows the applicant to use the term "patent pending".[8]

See also[edit]

References[edit]

  1. ^ UK Intellectual Property Office web site, Display your rights, (under "IPO Home> Types of IP> Patents> Managing your patents> Using and enforcing") Consulted on August 5, 2009.
  2. ^ IP Australia website, [1]
  3. ^ Patents Act 1990 (Australia, Cth) §123
  4. ^ Patents Act 1990 (Australia, Cth) §178
  5. ^ United States Patent and Trademark Office web site, - PATENT MARKING AND "PATENT PENDING" (Excerpted from General Information Concerning Patents print brochure)
  6. ^ 35 U.S.C. 292 False Marking.
  7. ^ "Watch Out for Patent Marking Trolls"
  8. ^ Quinn, Gene (September 14, 2013). "The Benefits of a Provisional Patent Application". ipwatchdog.com. IPWatchdog. Retrieved December 22, 2013. "Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent application you can say you have a “patent pending.”" 

External links[edit]

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