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?
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.
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.
