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. B's attempt?"
2 Answers from Attorneys
Unfortunately, there is not much that can be done to prevent 3rd parties from divulging your idea, particularly if a NDA was not used at the time of your initial disclosure. The good news is that you have taken the initial step towards protecting your design concept by filing a provisional patent application with the US Patent and Trademark Office (USPTO).
To fully protect your product design, use an NDA prior to disclosing your concepts with potential investors and gather all diagrams or descriptions necessary to complete a full non-provisional patent application with the USPTO.
I recommend that you contact an Intellectual Property Attorney to file an application for patent registration on your behalf.
THE COMMENTS CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL USE ONLY- NOT AS LEGAL OPINION. NO ATTORNEY/CLIENT RELATIONSHIP HAS BEEN ESTABLISHED.
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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