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West Virginia Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Professor & textbook say the US is first to invent other sources say the US is first to file. What do I put in my notes?

My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

I would recommend putting down the actual answer, which is that the United States has a first-to-file patent system. Under this system, the first person or entity to file a patent application for a new invention is granted the exclusive rights to that invention, regardless of who may have invented... View More

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2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Professor & textbook say the US is first to invent other sources say the US is first to file. What do I put in my notes?

My professor and the textbook say that the US is first to invent when it comes to patents. However, while doing further research I found that the US is first to file. I am not sure if I should put what they think is the right answer or the actual answer on my notes for the exam.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 7, 2023

For many years, the US was a first to invent country. That changed in 2011 see -- https://en.wikipedia.org/wiki/Leahy%E2%80%93Smith_America_Invents_Act

There is a narrow exception that if someone takes the idea of another (AND YOU CAN PROVE THAT) then the first to file will lose out over...
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2 Answers | Asked in Patents (Intellectual Property) for West Virginia on
Q: Can a person make a canvas bag with two loops for handles and not infringe on the patent

Plain canvas material with two nylon handles

Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 10, 2020

Not a clear question. Please restate.

Thanks so much

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Q: I need a oil and gas lease looked at , can anyone help me?
Tim Akpinar
Tim Akpinar
answered on Aug 30, 2019

For something of that scope and depth, you'd be best off contacting attorneys on your own. You could use the Find-a-Lawyer tab above, or conduct your own independent searches. An attorney would probably want to thoroughly review the lease and discuss it with you, while the format here is... View More

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