Patent and Invention Help Forum

Disclosed Idea now on the market

Disclosed Idea now on the market
« on: February 13, 2015, 06:09:13 AM »
Last April i filed a PPA for a light product. A month later I showed it to Company A without a signed NDA. Now company A has the exact same product on the market. Granted they could have been working on the same idea at the same time but they also said they like my idea. How do I find out if and when they filed anything. If they filed anything after my PPA then I would have to file a patent before my PPA is up?. Would filing another PPA make any difference?  What if I made my PPA public, offered it for sale or gave it away, would it hurt their chances of getting a Utility or Design Patent.  My thoughts are if Company A filed for a design patent one day before I filed my PPA then me filing a Utility Patent would be a wast of money.

thanks for your advice,
Randy

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Re: Disclosed Idea now on the market
« Reply #1 on: February 17, 2015, 05:51:29 AM »
Hi Randy,

-It usually takes 18 months for the patent office to publish patent applications so if they filed theirs sometime around April 2014 it most likely will not publish until October of this year.

-If they filed their patent application after you filed yours, you would then have to file a full non-provisional before April 2015 in order to make sure you keep the date of your provisional in tact.  It would be a waste to file a new PPA now since their product is already on the market and would pre-date your new PPA filing date.

-There is some process at the patent office where you may be able to block their patent assuming you can prove they stole or derived the idea from you.  I have never done this before but its probably expensive.  http://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/derivation-proceeding
My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.