Legal Question in Intellectual Property in District of Columbia
Patent Infringement
In 1986 I obtained a patent( US # 4,591,823 ) called Traffic Speed Survillance System. I then presented it to The US Dept. of Transportation. They rejected me and said that they were not interested. I have recently discovered that they in fact started developing it by submitting for funding from Congress in 1991. Does the Dept. of Transportation recieving funding from Congress constitute a defacto ''SALE''? My patent expired last year in May and the Dept. of Transportation made this project public knowledge right after my patent expired. I know that this sort of thing happens in the private sector all the time. But is this practice permissable under the governments code of ethics laws? They outright stole my invention knowing that they were the only ones who would be able to use it. All they had to do is wait untill my patent expired and it would be theirs for free.
Thank You
3 Answers from Attorneys
Re: Patent Infringement
There is not enough information presented here to determine a claim for patent infringement. If infringement can be proved then a claim can be made for damages. There are statutes of limitation involved so that you should be diligent in seeking counsel to determine if a case does exist.
Good Luck!!!
Re: Patent Infringement
The problem is that if they only prepared to use it during the patent term, but did not actually make, use, or sell it during the term, they did not infringe. If you believe they actually did infringe during the term, you can sue for up to 6 years after the infringement occurred.
Re: Tortious Conduct
It might be possible to make a case of tortious conduct on the part of DOT et al. Please call me at 800-872-8368 to discuss, or contact me by email at [email protected].
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