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Re: THESURF2014 post# 27043

Sunday, 11/23/2014 5:26:43 PM

Sunday, November 23, 2014 5:26:43 PM

Post# of 63559
I think the important thing is that we submitted the patent application, which describes our product specifically, so even though the patent hasn't been granted yet we are still "protected" in the sense that no one can copy it and try to get a patent of their own. We achieved novelty status, so our product is unique and since our application is in the system no one else can copy it and get novelty status. Our 3D Cell is novel, no one else's can be. In other words, the patent application is proof that our specific 3D cell is our idea. It's in the books, it's on record.

I think there may be some significance to the fact that August 2015 is when the Panasonic patent for a similar cell expires. It's quite the coincidence that we may be manufacturing our 3D cell at the exactly the same time the Panasonic patent expires. Or is it??? Either way, I don't think we need the patent officially granted to be protected, as long as we established our unique 3D cell idea/design via the patent application submitted in 2012, which we did. So I think we're all set.

In fact, I think if we start selling the 3d cell and it's a hit and a huge commercial success, we could use that as strong evidence to give us Inventive Step status (Graham Factors) and so by the time our patent goes on a judge's desk for approval and our patent will be granted more easily. Just a thought.