Patent question

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Posted by Nick Hall (195.74.122.243) on May 08, 2003 at 05:06:39:

Let's say that two people invent something that is patentable at roughly the same time, but only one of them initially submits a patent application. Although it can take some time to finally get the patent, the "clock starts ticking" from the date of application. A prior art search as part of the patent process will not reveal the fact that the other inventor also did it. (As I understand it, prior art has to be "published" i.e. publically available..)

If the inventor without the patent can prove in a court of law that they separately and without plagerism also came up with the idea, is that inventor 'just like everyone else' when it comes to patent law, or does it mean he too is free to exploit it without violating the other person's patent rights?

Thanks

Nick

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Comments:	: Let's say that two people invent something that is patentable at roughly the same time, but only one of them initially submits a patent application. Although it can take some time to finally get the patent, the "clock starts ticking" from the date of application. A prior art search as part of the patent process will not reveal the fact that the other inventor also did it. (As I understand it, prior art has to be "published" i.e. publically available..) : If the inventor without the patent can prove in a court of law that they separately and without plagerism also came up with the idea, is that inventor 'just like everyone else' when it comes to patent law, or does it mean he too is free to exploit it without violating the other person's patent rights? : Thanks : Nick
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