Legal Question in Intellectual Property in Texas

I have an idea that is making billions of dollars for huge company and they stole it from me. I have proof of concept and the day it was invented. I do have a design patent which I applied for under the impression that I was filling the right patent. (Invention submission company had there own independent council Robert Frost say I should apply for design) I started to seek a licsencing agreement since I was patent pending. I got a reply from Intellectual VBasically 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.

Kindest regards,


Asked on 8/10/11, 2:48 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. It's not possible to give you advice without first reviewing everything that's happened, including all filings. A design patent is not that strong - it only protects the design of something, not the underlying idea. You should have applied for a utility patent most likely, and not a design patent. You really need to consult with a good patent 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, 2:59 pm


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