Legal Question in Intellectual Property in Oklahoma
I have been attempting to acquire a patent for an idea for several years now. I am in the process of submitting a my final resubmission with updated wording on the patent. In the midst of doing so, I discovered a company now selling the idea which I've been attempting to get my patent for.
This company has a finished, packaged product with assembly instructions and video tutorial.
Do I have any legal recourse and should I continue pursuing my patent?
1 Answer from Attorneys
Sound's like the company "beat you to the punch." The idea is now in the public domain. That's a risk with any patent - someone else gets the same "idea" and brings it to market. I don't know how fruitful it will be to continue the patent process. Even if your patent ultimately issues (not likely) the other company, if sued, will try to set aside your patent on the grounds it was not "new" at all. But, by all means, consult with a patent attorney in your area before making any decisions.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
