Legal Question in Intellectual Property in Connecticut

If you come up with an idea, which is potentially patentable, and in discussion with others, they state they have that same idea and have already started a process to patent (but have not applied for a patent), do they have to sole right to the idea?? Are you allowed to use that idea??


Asked on 10/21/09, 4:30 pm

1 Answer from Attorneys

Clifford Hyra Hyra IP, PLC

In the United States, generally the first person to invent something is entitled to patent it to the exclusion of any later inventors. The exception to that rule arises if the first inventor did not work diligently to perfect the invention and to file a patent application for it. If the original inventor stops working on the invention for a time, he or she may be considered to have abandoned the invention, opening the door for a later inventor to get the patent. That is a complicated topic you can learn more about in an article I wrote here: http://patents101.com/2009/03/date-of-invention-first-to-invent/.

If there is an issued patent for an invention, the inventor has the right to exclude others from making, using, or selling that invention. Up until the patent is granted, the inventor does not have that right. However, in some instances you could be liable for selling a product after the application to patent it has published and you have seen the published application. Typically, applications are published 18 months after filing.

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Answered on 11/04/09, 10:08 am


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