Rockford, IL asked in Intellectual Property for Illinois

Q: I invented and had a prototype working for 2 years i called a company and they stole my invention

Do i have any rights to my invention

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2 Lawyer Answers
Paul Overhauser
Paul Overhauser
Answered

A: It depends on several factors, such as whether you filed for a patent, whether it may still be possible for you to do so, and whether the company you called agreed to keep the invention confidential. There may also be other relevant facts. You should contact an intellectual property attorney to discuss further.

Paul Overhauser

317 891-1500

poverhauser@overhauser.com

www.overhauser.com

1 user found this answer helpful

Bruce E Burdick
Bruce E Burdick
Answered

A: I presume your question is what are your legal options. The general rule is that once the invention is public more than a year you cannot patent it. There is an exception for experimental use, but when you say "I had a prototype working for 2 years", it sounds like the experimentation may have ended more than a year ago and the invention become public domain. However, you should talk with a patent lawyer right away (like today), because the nature of your invention and the prototype and the "working" may be such that the 1 year period may not have run yet and patent protection may yet be available. Also, if the company really "stole" your invention there may be trade secret misappropriation upon which you might base a claim. All these factors are relative complex for you but generally fairly routine for an intellectual property lawyer. Bottom line: you probably have some options if you get to an intellectual property lawyer without delay. Bruce Burdick 618-462-3450

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