Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Companies patented inventions of mine that were in public domain  (Read 765 times)

cmf422

  • Newbie
  • *
  • Posts: 1
    • View Profile

Three companies have patented inventions one that I invented myself and two others, I know of, have patented ideas that I had built several times going back to the early '90s which are or were in the field operating long before either of them applied for a patent. Do I have any recourse? Interference or should I negotiate? Any ideas...I am new at this.
Logged

MYK

  • Lead Member
  • *****
  • Posts: 1168
    • View Profile

What exactly is the problem?  Are they threatening to shut you down for infringing their patents?  Were your inventions publicly disclosed or hidden away?  How were they revealed to the public?  Do their patents actually cover what you invented, or are they for improvements to what had already been disclosed to the public?

Note that I'm asking these rhetorically.  You shouldn't post specific details of your situation on this board, and it's not a place to get relied-upon legal advice.

If you've been selling your improved mousetrap in Wal-Mart for years, and they suddenly showed up at your door waving a patent that was issued last week and want to shut you down, that's one thing.  If your invention was in use in your factory only, hidden underneath a locked steel cover plate, and the only person who knew or knows about it is you, that's quite another.
Logged
Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

khazzah

  • Lead Member
  • *****
  • Posts: 1559
    • View Profile
    • Patent Prosecution Blog

Do their patents actually cover what you invented ...

To expand upon this, don't be misled into thinking the other company "patented your invention" by looking at the patent's title, abstract, description or figures.

A patent's coverage is defined by the claims of the patent.
Logged
Karen Hazzah
Patent Prosecution Blog
http://allthingspros.blogspot.com/

Information provided in this post is not legal advice and does not create any attorney-client relationship.

MYK

  • Lead Member
  • *****
  • Posts: 1168
    • View Profile

(In the event that the OP has email notifications turned on -- ) I didn't mean to shut down discussion by saying not to post details here, only that writing a detailed discussion of your situation, if you *are* having legal problems, is a bad idea for many reasons.
Logged
Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.108 seconds with 17 queries.