Legal Question in Intellectual Property in California
On August 21 I showed drawings of a new product design concept to a "Mr. A", a sales manager of a heat-sealing company. He was to quote on one phase of the manufacture. I did not ask him to sign an NDA. On September 17 I spoke with "Mr. B", the sales manager of a metal stamping company located only two miles away. Before I could begin to describe the concept in detail, Mr. B interrupted and said, "There was someone in my office about three weeks ago with an idea that sounds just like yours." I presumed it was Mr. A.
Since then, I have filed an application for a provisional patent.
Question: Is there anything I can do to determine if my idea has been taken, and if so, is there anything I can do to halt Mr. A's attempt?"
2 Answers from Attorneys
The question isn't really about determining if your idea has been taken but rather if you've been harmed at all by Mr. A "stealing" your idea. I would hire an attorney to draft some letters to both Mr. A and Mr. B explaining the situation and explaining they must not use the information.
You should also have anyone you discuss the idea with sign an NDA. There's way to much at risk to not. Please let me know if you would like some help with this or you'd like to discuss further.
You can search for any granted or pending application for patent in USPTO,Since now your patent provisional application is pending.It is possible that your application may be declined due to legal bar.
Anyway, you can issue a notice through a lawyer to Mr. A, asking him if he had indeed shared the idea with Mr. B or some one else and warning him that you will take action in tort for damages.
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