Chula Vista, CA asked in Patents (Intellectual Property) for California

Q: I filed a provisional patent for this. Do I have any protection with this? May 17 file date for walmart

I filed my provisional patent march 14 2016> They are only good for a year I believe...

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: If you filed a provisional patent application on March 14, 2016 and took no further action, then that provisional patent application expired. An expired provisional application that was not used as a priority document for a later patent application gives you no rights to exclude others.

If you think Walmart had access to your idea through you rather than through independent invention, then you may have legal remedies. That would be very fact intensive and should be discussed with a patent attorney and not posted here.

Many people have good ideas that are later patented by others if they do not act to protect the idea.

If you published the idea or sold products with this idea in the product before the filing date for the Walmart patent, then you may be able to invalidate the Walmart patent but that would not give you patent rights. It would just mean that everyone can use the idea.

Again, this would be something to discuss with a patent attorney.

I hope that this information helps.

Kevin E Flynn

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.