Patents protect products from copycats to help inventors establish themselves and build better products for users for 20 years.
Patents enable better products because they give inventors a head start perfecting their inventions.
LiveO2 has patented certain aspects of LiveO2 Adaptive Contrast, and has patents pending on many other elements:
Patents work by creating business risk copycats. This business risk makes it harder for copycats to grow because possible infringement creates a cloud over them.
Inventors declare patent pending as legal public notice to inform both copycats and consumers that duplication of a product is risky.
An inventor has to tolerate copycats until the patent issues. This creates a time gap between the invention and when a patent is enforceable.
Inventors are gagged while patent pending. They cannot warn or notify apparent infringers or their partners of legal risk.
This policy permits others to create similar or better products knowing they have accepted an infringement liability risk.
To offset this disadvantage, infringement damages are retroactive to the date of patent pending declaration.
Copycats who infringe and their partners risk very large patent infringement damages.
This structure creates a legal window that copycats exploit for a quick buck while the inventor is gagged.
This window enables copycats to freely infringe hoping either patent won’t issue, the inventor will go out of business, or they will not infringe.
This is common with LiveO2 copycats.
Copycats focus on making as much money as possible.
Their business focus is short term and often disregards the business elements required to create a solid long term business. If there’s a problem, it’s easy to go out of business and go copy something else. They didn’t invest in product creation so it’s a small loss.
This leads to patterns in copycat behaviors that often catch copycat customers and partners unaware.
Copycats will say that their devices do not infringe on a patented product. They cannot say this truthfully because only a court of law can decide infringement.
Courts also use a fuzzy standard apparent to one skilled in the art which prevents trivial or minor differences in devices from claims from protecting copycats and their parters infringement liability that dates back to patent pending notification.
This makes it important for business partners and consumers to be weary of copycat devices.
Copycat Telltales:
This is risky for partners that do business with copycats because they are initially misled and often blindsided.
All of these telltales culminate in a serious lack of integrity with most copycats.
This illustrates how Copycats rely on diversionary tactics to seduce buyers away from original products to reap quick cash out of developing markets.
This is why original products like Liveo2 must aggressively defend the brands, trademarks and patents.