I patented a specific type of work location tool. The patent expired and I just recently saw another company selling a tool that does exactly what I claimed my tool does in it's description. I understand that I lost my patent protection and they can sell the tool, however they also patented the tool and claimed they are the inventors of it. Do I have a case against them for claiming they invented it when I have an earlier patent of the same tool? I did do a search of their patent and compared it to mine. Their abstract description and claims are almost identical to mine. They list another individual as the inventor.
1 Answer
First step is to review their patent(s). If you had a patent, it is very unlikely they patented the same thing as your patent would be prior art. If they indeed have a patent, it is probably on a refinement and only the refinement has patent protection. If you know the company and supposed inventor's names it should be easy to do a search on Google Patents or even better The Lens. If and when you find the patent, focus on the claims to see what is protected.
As for whether you can sue them for claiming to have invented something you previously invented, I fear this is a legal question requiring an actual lawyer's opinion. In any case, the lawyer would need to know the patents involved.
