I already published my paper. [After filing provisional application]
A big company seems like copied my work from my paper and they are about to release their product in few months.
The reason I believe they copied my work is because of the following reasons.
- The technology I improved is a decade old technology.
- Almost 6 novel aspects are from my paper
- There is a prior art that was published 5 years back which would invalidate my independent claim if I hadn't noticed. But all the dependent claims would have been safe.
This big company exactly doing what the prior art says, but also going for my inventive steps.
This is a cutting edge work in tech. Without my step, the system would become a flawed system.
When I raised my concern to this big company CEO, he forwarded my concern to his lawyer.
To quote some of his lawyer words after going through my paper
We cannot evaluate that claim because your patent application does not appear in public searches of the United States Patent Office database, possibly because the Patent Office has yet to publish it. Additionally, any proposed claims in the patent application may change during prosecution at the Patent Office or could be rejected altogether, so there is no way to know what subject matter in the application may be patentable, if any at all. As a result, we cannot evaluate your allegations at present, nor can any product or service infringe unissued claims
The lawyer sounds like he knows they are infringing my work.
They didn't innovate anything on this matter. Not even a single step. But they are gonna release the product in the same year I published my work.
The publication of my patent application might take at least few months even if I go for early publication.
Since I already disclosed my paper to them, will there be any downside if I show my claims to that lawyer before my patent application publication?