San Leandro, CA asked in Intellectual Property and Patents (Intellectual Property) for New York

Q: I filed a patent last Oct after working on it for almost 1.5yr and perfecting it. There was nothing in the market similr

My patent lawyer also did a search (we both did), and there was nothing similar in the patent library.

Just last week in Jan. 2022, a product entered the market very similar to mine, claiming to have a pending patent.

I'm not sure if my idea was stolen or if they also came up with idea. I sent my tech packs back in Dec 2020.

What happens to MY pending patent and ongoing development to bring this to market?

Will their patent be granted and mine denied bc they reached the market first?

Will mine have a shot of being approved bc there are slight differences, although the main patented idea is the same?

I still want to be in the game because I believe my specific design is still superior and will be executed better.

Can the court look to see who had original idea and ask for proof or will it come down to who went to market first and who filed patent first?

Can I keep going or am I now at a risk of infringing since this guy beat me to the market? Even if I have a pending patent?

1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta

A: It depends. You need to have a deep conversation with your patent attorney.

IF the other guys filed before you, it is possible that they have an upper hand.

If you filed first, they would not have a way to know about your invention unless you made it public.

If you get the patent, you may come after them.

Lots of possibilities.

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