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Author Topic: My invention is being produced and sold by another company  (Read 1002 times)

dbatch169

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about 8 years ago, I applied for and received a provisional patent for my product.  At that time, my invention was already prototyped.  I began producing and selling it in small quantities.  Due to financial issues, I never moved ahead with the patent.  I also stopped producing and selling the product.  Now 7 years later a company is producing and selling the exact product that I developed and sold.  Do I have any legal recourse in this matter?

Thanks,
Dan
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khazzah

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Re: My invention is being produced and sold by another company
« Reply #1 on: 02-03-11 at 11:24 am »

about 8 years ago, I applied for and received a provisional patent for my product. ...
Now 7 years later a company is producing and selling the exact product that I developed and sold.  Do I have any legal recourse in this matter?

There is no such thing as a provisional *patent*. If all you filed is a provisional patent *application*, then you have no patent rights, and thus no legal recourse.

If you followed the provisional patent application with a utility (non-provisional) patent application, and a utility patent issued from that application, then you have the right to exclude anyone from practicing the claims of that issued patent.
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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.

Isaac

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Re: My invention is being produced and sold by another company
« Reply #2 on: 02-03-11 at 11:28 am »

about 8 years ago, I applied for and received a provisional patent for my product.

And about 7 years ago, your provisional application for a patent expired.

Quote
Now 7 years later a company is producing and selling the exact product that I developed and sold.  Do I have any legal recourse in this matter?

No, you don't.  Being first to come up with an idea, and even being first to sell a product, gives you no right to stop some else from selling the product.   An issued patent enforceable in the country of interest is required for that, and by your admission, you never had anything like that.  At most you can prevent someone else from getting a patent on the product.

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Isaac

dbatch169

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Re: My invention is being produced and sold by another company
« Reply #3 on: 02-03-11 at 11:48 am »

Thank you for your replies.  This confirms what I figured would be the case.
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