Few Days after I published my App ‘Status Saver’ & it got a lil bit attention on the Google PlayStore, I received a mail from a Company / Organization named as “FMFG” claiming that I had used a Feature (Push Notification) in my App whose Patent was registered by their client…
Wow! (like Seriously?) 😑
That guy even demanded a ‘Fee’ & that was somewhat Suspicious!
Below is the Mail Content…
Ref.: N 22.214.171.12403 EUROPEAN PATENT EP2378800 (A1) “SECURE COMMUNICATION SYSTEM”
We reach out to you in the name and on behalf of our client, FMF GESTION S.L., patentee of European Patent of Invention number EP2378800, granted by the European Patents Office on 23.04.17.
The Mobile Application “Status Saver” of which you are developers, infringes my client’s patent. It infringes it through the use of the system whereby so called “Push Notifications” are sent and received, which is protected by the Patent of Invention “Secure Communication System”.
For a better understanding you can access its claims and drawings visiting the EPO (European Patent Office) website.
The different platforms offer developers the termed “Push Notifications” as a way of communicating with its users.
What the Patent protects is the system used by the applications to send and
receive those “Push Notifications”.
This circuit, the process whereby notifications are sent and received, is
what is protected. We inform you that, in accordance with the Law, registered Patents confer upon its titleholder, the patentee, the right to prevent anyone
without consent from using and commercialising the patented notification system. In light of the above, we formally require you, on behalf of our client, to legalise your current illegal situation within a period of 30 days counting from the date of receipt of the present letter.
This will be achieved through:
1. Payment of the so called Conformity Royalty, a sum which during this 30 – day term amounts to 345 € per annual period (paying-in slip attached).
2. Acceptance of the direct debit
payment of the subsequent annuities, which will be based on the conformity Royalty until the end of the right. Immediately following the receipt of your conformity royalty payment, your Application will be registered in the EPO’s register of Royalties for the
patent. Lack of conformity royalty payment within the thirty day period will trigger the following course of action by our clients:
1. Your Patent infraction will be
formally notified to the different platforms (Apple, Google and Windows Phone).
It will be demanded, in accordance with the law, that they stop offering your Application in their respective European platforms.
2. Loss of the price of conformity Royalty. (The price of the royalty to be paid following the set period will be
established according to the number of users, the platforms and the countries in which the App is on offer. Calculate it)
3. The implementation of any
measures necessary to prevent the continuing violation of the Patent.
4. The publication of the judgement
against the infringer at the expense of the guilty party.
5. In the event of non-compliance with the commitments set out above within the period provided, we have received instructions from our client to immediately prepare to undertake the appropriate legal action against you before a Court of Law. Pending a
solution satisfactory to all, we seize the opportunity to extend our kindest regards.
Just Look at that! 😂😂
Even if you have implemented the ‘Push Notifications’, there is No Need to worry…
Because you most probably be using GCM, FCM or OneSignal which is also backend by GCM/FCM so you are in No Way Infringing any Shitty, Non Existing Patent!
If you are Reading this & have received a similar mail, Don’t give a Fcuk to that!
It’s nothing but a Clear-Cut Hoax!
And by the way,
here’s the App for which I received this Mail…