Saint Paul, MN asked in Patents (Intellectual Property) for Minnesota

Q: I paid $8k to get a book produced for an invention. I gave it to someone 8 yrs ago and it was never returned. Can I sue?

I have asked for the book over the years and I never got a response. It's quite possible that someone else came up with the same idea and patented it. How do I pursue filing a lawsuit?

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

A: The first stage of this problem is not a patent question. Seems that at the core, that you had a contract with someone to do something for you. You said that you paid and provided material for them to use on the project and they did not perform. You should start with contact with an attorney licensed in your home state to review the contract and your correspondence. It may be that you can sue for breach of contract.

It may be a problem that you waited 8 years to pursue this problem but that would be a fact specific inquiry that your attorney can sort out.

Good Luck.

Kathryn Perales agrees with this answer

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