Replies to post #343131 on Bioelectronics Corp (BIEL)

[GetSeriousOK]

WIPO patent WO2013059804 itself doesn't prevent anyone else from making the device. That's not how WIPO patents work. After getting a WIPO patent, the applicant then has to apply for another patent in each country in which they want patent protection.

Look on this WIPO page for your WIPO patent, and then select the National Phase tab. BIEL applied in four countries: Canada, US, Australia, European.
https://patentscope.wipo.int/search/en/WO2013059804

* Click on the national number for Canada. It takes you to this website where you see that the Canada patent status is "Deemed Abandoned and Beyond the Period of Reinstatement"
https://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/patent/2852952/summary.html

* You can't click on the national number for United States but its application 14352365 which, if you look up on the USPTO website, was "Abandoned -- Failure to Respond to an Office Action"
https://patentcenter.uspto.gov/applications/14352365

click on the national number for Austrailia: status "LAPSED"
https://ipsearch.ipaustralia.gov.au/patents/2012325696

click on European: status "Application deemed to be withdrawn"
https://register.epo.org/application?number=EP12842568

So you see that BIEL's press release was kind of bullshit and their WIPO patent never came to any actual patents being granted anywhere in the world. Sorry.

Will BIEL's patents magically get reinstated because of USPTO reform? Of course not. BIEL didn't pay their maintenance fees. That's not corruption on the part of the USPTO. That's negligence on the part of Kelly Whelan.


BIEL