Richard Clark wrote:
On Thu, 21 Jun 2007 10:58:13 -0700, Jim Lux
wrote:


"Hey, we've got this patent application in the works, and YOU
don't know what's in it, and we're NOT going to tell you what's in it.
When the patent issues, we might be able to put you out of business.
Feel Lucky?"


In fact, the manufacturer is completely lucky. Their product line can
continue forever based on the design preceeding publication - even if
the design and the publication are the same. They just can't change
it.

73's
Richard Clark, KB7QHC

It's the second mfr that's got the decision to make, and decide if
they're lucky. Here's the speculative scenario:

1) Mfr A invents something, files ap, keeps it secret
2) Mfr B invents same thing, but later
3) Mfr B starts making the thing
4) Mfr A gets their patent
5) Mfr B is instantly infringing, and can't continue mfr, distribution,
sale, etc., without a license from A.

If B knows that A has filed a patent in an area of B's interest
(potentially indicated by mfr A selling a product labelled Pat.Pend.),
they've got a real gamble when they invest in step #3.

B can negotiate in advance of patent issuance before step #4
OR
B can tell A to go away, gambling that
a)they won't infringe the unknown patent when it does issue
or b)that the patent won't issue
or c) A won't have the resources to take B on for infringement.

OR
B can wait for the patent to issue, then negotiate with A for a license.

The last strategy is particularly effective if, meanwhile B has filed
for or patented something that happens to be infringed by A's existing
mfr operation. They can cross license their patents. (happens all the
time in the semiconductor business)