Legal Question in Intellectual Property in Texas
License Plate Protector
I invented a License plate protector & put it on the local news & scince then other people have been marketing my idea. I did this in 1986-87 & did not get a patent on it. Thank you.
Asked on 8/30/01, 12:19 pm
1 Answer from Attorneys
Bruce Burdick
Burdick Law Firm
Re: License Plate Protector
You are probably SOL, as a patent is now barred due to public use or sale for more than one year. Since you put your license protector on public news, it is no longer a trade secret and probably can't be protected under trade secrecy laws. If the shape is an artistic creation, it is conceivable there could be still a copyright, but you would face legal defenses of undue delay on your part in enforcing your rights (called "laches").
Answered on 10/01/01, 4:16 am