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concerned001:
I invented/made a mechanical prototype concept for use with a patent(s) issued to another. Its kind of simple and not sure I want to spend time or money either doing research or filing a patent or provisional for it.
My Plan is to upload a video showing how it works to youtube. When it goes on youtube they meaning youtube give it an upload date.
Let's say time goes by and its 2014 and hopefully more than a few hits to my video and a new utility or design patent issues to someone else, hopefully to that same other company, pretty much describing by mechanical prototype concept as shown on youtube video.
Question: Would I, well I probably could but would I get anywhere filing a complaint with USPTO showing issued patent was filed after date of my uploaded video and that it should be canceled?
MYK:
The USPTO doesn't act on random "complaint" letters. More importantly, what's the likelihood that someone else would try to patent what you posted on the web?
But if someone did get a patent on your invention, you'd have three possible ways to invalidate their patent: a declaratory judgment action (which would require that they threaten you with an infringement suit first), reexamination, or the new post-grant review system that passed as part of the AIA last year. Either of the first two would cost you far more than the fees to try to get your own patent; since the PGR system isn't set up yet, it's hard to say how much it will cost, but it'll probably be at least as much as reexamination is now.
JustAnotherExaminer:
What's funny is that examiners find "Why the heck was this issued?!" patents all the time. We're told to do nothing about it, even if we're sitting on anticipatory art.
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