Legal Question in Intellectual Property in California

Re: patents

You should prevail, but not necessarily at a hearing. There are several important things and options in your situation. Please call me at 800-872-8368 to discuss.

Re: patents

Unlike many other countries, the US is a first to invent jurisdiction. That is ownership of a patent goes to the inventor(s) that can show they were first to invent. When two patents are filed that claim the same invention an interference process may be started to determine who was the first to invent the claimed subject matter. However, just because your notes were stolen and the thief later filed for a patent application does not mean that the thief�s patent application would be so similar to yours that an interference hearing would arise.

In addition, should you know who filed the other patent application on your invention you may be able to petition the patent office to have the inventorship changed to your name.

If you know who took your invention, you should also consider pursuing an action against them under trade secret law.

In view of this, there are a lot of issues raised by your facts that should be reviewed in greater detail with a patent attorney.