Legal Question in Intellectual Property in California

I have an invention that I feel is being used by different companies. I have no idea about how to go about proving my case. I know that I am the first to invent but I'm going to need some help. Basically Im trying to figure out if i have a case. I want to know if any companies have infringed on this concept,was i the first to file on this paticular concept/idea, and do i have a chance at litigation if so.

Can someone please help me


Asked on 8/10/11, 12:49 pm

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. The risk that another person or company develops your "invention" is part of the business world. The critical issue is have you already protected your invention. Since you say "invention," this most likely would be a patent issued through the USPTO. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 8/10/11, 12:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, to protect an invention from copying, you need to patent it.

Next, how do you know that your right to the invention is superior to that of the others that you sat seem to be using your invention? Maybe they invented it first. Maybe they have even taken the time and incurred the expense to patent it first.

Finally, how do you know the idea is patentable or qualifies for any kind of exclusive rights protection? The patent office regulary rejects patent applications on the basis that the idea presented is "obvious" to those skilled in that area of science or technology.

You should have an initial, hopefully free, interview with a patent attorney in your area to see whether your invention qualifies for protection.

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Answered on 8/10/11, 9:38 pm


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