Timeline for I created an object that I never patented but someone else did I don't know
Current License: CC BY-SA 4.0
8 events
when toggle format | what | by | license | comment | |
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Aug 6, 2019 at 19:35 | comment | added | Patently | True, but nobody forgets the Alexander Graham Bell v. Elisha Gray case. You can optimize for one of: (a) absolutely relevant, (b) absolutely unforgettable. Since this will be read by others seeking general advice I chose the latter. | |
Aug 6, 2019 at 19:27 | comment | added | Eric S | I’m just thinking it is better to cite examples relevant to the law the OP is living under. | |
Aug 6, 2019 at 19:24 | comment | added | Patently | @EricShain you're not wrong. However, in the cited case (Elisha Gray & Alexander Graham Bell) the USPTO required inventors "file" a working example (no longer a requirement). In that case the USPTO effectively followed a "first to file" doctrine. Only after that case did the first-to-invent doctrine emerge and gain preeminence (partly because of the controversy). The USPTO has returned to its "first-to-file" system by trying to merge standards with international patent offices (although it no longer requires a working sample). | |
Aug 5, 2019 at 21:16 | comment | added | Eric S | Citing the Edison case might not be so clarifying. Prior to September 2011, first to invent was the law in the US. Since then, it is first to file. Here is a good link: en.wikipedia.org/wiki/First_to_file_and_first_to_invent. | |
Aug 5, 2019 at 15:40 | comment | added | Patently | The comment was amended for clarity and ease of understanding. | |
Aug 5, 2019 at 15:38 | history | edited | Patently | CC BY-SA 4.0 |
added 127 characters in body
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Aug 5, 2019 at 15:30 | comment | added | Eric S | Really solid answer except you might want to explicitly answer her question: "Do I have any rights to this object now? What is my legal recourse?" which would be none and none. | |
Aug 5, 2019 at 15:10 | history | answered | Patently | CC BY-SA 4.0 |