Legal Question in Intellectual Property in California
Do I have recourse concerning a us patent that has been issued to another person, who had nothing to do with "coming up" with the invention on a device that I invented and, in fact was put into practice and made public more than one year prior to the patent application being filed, which is one reason I didn't file.
Asked on 6/12/10, 6:19 pm
2 Answers from Attorneys
Patrick Tracy
Patrick J. Tracy, Esq, P.E.,
You just have to antedate the patent by showing prior art. This can be done by reexamination. Contact an attorney in your jurisdiction to assist you.
Answered on 6/13/10, 3:50 am
Terry A. Nelson
Nelson & Lawless
You can always take action to dispute the issuance, IF you have sufficient proof of your claim, and proper legal grounds to do so. Consult with a patent attorney for specific information.
Answered on 6/14/10, 11:04 am
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