Is it patentable...?

[Fathead]

We have heard through the grapevine that our competitor is trying to patent a reference tool that is use throughout our industry. We all use this devise, although very simular, some are a little different. The "tool" they are going to try to patent is part common design, part my design from when I worked for them. The tool is shown on web sites, as well as in test reports that our, as well as their clients have copies of.
Having said that, does that constitute previous art work. Does it matter at I had a hand in design while employed there? By the way, this is my father's company, as if it is not complicated enough already......

[Fathead]

WOW, this thread has been read 39 times and not one responce, Guess this might be the wrong website, if so does anyone have any recommendations?

[BotchedExperiment]

It's not clear what your question is.  Also, it seems that you are asking for legal advice, which no one is going to give via this forum.

If you're asking for some mechanism for stopping someone from filing a US patent, then there are 2 issues: 1) I don't know, and 2) hire a patent attorney.

If you have a fact-based question, some of us will take a shot at answering it.

Here are some things that may apply to the situation you outlined:

For example, 35 USC 102(a) says that you can't get a patent in the US if the invention was known or used by others in this country or described in a printed publication (which may include the internet) anywhere, more than one year before the INVENTION that someone wants to patent.

35 USC 102(b) bars anyone from getting a patent if the invention was in use or offered for sale in this country, or described in a printed publication anywhere for more than one year before the date of FILING a US patent.

35 USC 102 (f) says you can't get a patent on something if you didn't invent it.

35 USC 103 (a) allows for an examiner at the PTO to combine prior art references to reject patent claims.

Once a patent is in examination, a thrid person I think can start a "public use proceeding" to get a patent's claims rejected.

During a patent's examination a third party can instigate an interference to challenge who was the first to invent an invention.

After a patent issues a third party can instigate an ex parte or inter partes re-examination, which only looks at prior art.

[Fathead]

thank you very much! That pretty much gives me the info I need, or atleast points me in the right direction.