Posted by grim (206.162.192.40) on May 08, 2003 at 07:57:03:
In Reply to: Patent question posted by Nick Hall 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
First come, first served at USPTO. Filing date is imperative. Hours can make a big difference- Prime example: Alexander Graham Bell and Elisha Gray with the telephone.
I have heard that if one dates and notarizes everything to do with a project that one can beat USPTO in court. Will investigate this, may not be gospel. Bear in mind
that a patent is simply a right to litigate; if someone infringes, one must still prove their case. Can be expensive$$$ for the "little guy" up against
a big corporation. Case point, took years for the guy who invented the delay wiper blade for autos to get anything out of the Big Three. Judgement, appeal, judgement,
appeal, yadda yadda yadda. You get the jist.
Check Don Lancaster's site (previous post) and go from there. He has good advice and ALTERNATIVES.
Wish I had before spending a four hundred dollar filing fee and filling out a mound of very meticulous
and time-consuming paperwork.
Regards,
grim