Q.: I’m wondering– is it still possible that I can capitalize on an idea/concept that is 21 years old. I was diligent in obtaining corporate backing-so I contacted several corporations that were big in the industry. I was trying to indulge in as many contacts as possible. I guess I talked to the wrong person and 4 or 5 yrs later there was a patent issued on the idea that i had submitted 4 yrs-prior. To date, there’s no indication of my concept on the market, yes, there’’s some shallow rendition of it but the concept or idea I had in mind hasn’t been exploited. Is it possible to regain this idea and re-invent it, and would be impossible to gain protection? I’m just wondering . . . 20 years later.
A.: All is not lost, necessarily, even 20 years later. You may be able to pursue your invention. However, you would need to be sure that the concept you want to explore meets the Patent Office’s criteria for being “novel” (not previously patented, known, or used in the U.S.). It also needs to be “non-obvious,” that is, sufficiently different from what has been described or filed before and/or fills a need not previously met. In other words, is there room for the two patents to co-exist without overlapping? If this sounds like grasping smoke, you’re not far wrong. To get it right this time, consult with a patent attorney about the intricacies of your invention and how it differs from the one you say was ripped off. And don’t speak to any contacts without having a signed confidentiality agreement in hand!
This entry was posted on Friday, September 25th, 2009 at 10:29 am and is filed under Basic Training, Intellectual Property. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.Leave a Reply
