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changed to indicate prior use must be 1 year before the other party filed.
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George White ♦
George White ♦
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Most likely - No

First, copyrights have nothing to do with it other than any written or drawn plans you might have made can't literally be copied without your OK.

They have a patent and can try to stop you from making something that infringes that patent. An exception would be if you had been already manufacturing it beforemore than one year before the patent’s effective filing date. they applied for their patent. Then you could keep making it, where you were making it, the way you were making it. It's sort of a grandfather right.

Another possibility would be if you had published your invention before they applied for their patent. They still have the patent but you (and anyone else) can use that publication to attack the validity of the patent at the USPTO. If successful, then you can make it. Or you could make it and use the publication as part of your defense if they came after you.

The heart of the patent system is you get a temporary monopoly in return for disclosing your invention to the public and giving the rights to it to the public at the end of the patent term.

Most likely - No

First, copyrights have nothing to do with it other than any written or drawn plans you might have made can't literally be copied without your OK.

They have a patent and can try to stop you from making something that infringes that patent. An exception would be if you had been already manufacturing it before they applied for their patent. Then you could keep making it, where you were making it, the way you were making it. It's sort of a grandfather right.

Another possibility would be if you had published your invention before they applied for their patent. They still have the patent but you (and anyone else) can use that publication to attack the validity of the patent at the USPTO. If successful, then you can make it. Or you could make it and use the publication as part of your defense if they came after you.

The heart of the patent system is you get a temporary monopoly in return for disclosing your invention to the public and giving the rights to it to the public at the end of the patent term.

Most likely - No

First, copyrights have nothing to do with it other than any written or drawn plans you might have made can't literally be copied without your OK.

They have a patent and can try to stop you from making something that infringes that patent. An exception would be if you had been already manufacturing it more than one year before the patent’s effective filing date. they applied for their patent. Then you could keep making it, where you were making it, the way you were making it. It's sort of a grandfather right.

Another possibility would be if you had published your invention before they applied for their patent. They still have the patent but you (and anyone else) can use that publication to attack the validity of the patent at the USPTO. If successful, then you can make it. Or you could make it and use the publication as part of your defense if they came after you.

The heart of the patent system is you get a temporary monopoly in return for disclosing your invention to the public and giving the rights to it to the public at the end of the patent term.

Source Link
George White ♦
George White ♦
  • 30.8k
  • 3
  • 23
  • 57

Most likely - No

First, copyrights have nothing to do with it other than any written or drawn plans you might have made can't literally be copied without your OK.

They have a patent and can try to stop you from making something that infringes that patent. An exception would be if you had been already manufacturing it before they applied for their patent. Then you could keep making it, where you were making it, the way you were making it. It's sort of a grandfather right.

Another possibility would be if you had published your invention before they applied for their patent. They still have the patent but you (and anyone else) can use that publication to attack the validity of the patent at the USPTO. If successful, then you can make it. Or you could make it and use the publication as part of your defense if they came after you.

The heart of the patent system is you get a temporary monopoly in return for disclosing your invention to the public and giving the rights to it to the public at the end of the patent term.