Can a competitor see my unpatented product in the market and patent it before I do?



Suppose I come up with a product with some characteristics that are unique enough that it could be patented. However, I don't have enough money to file for a patent at the launch date. Can a competitor file for a patent describing basically my product before I have the chance to? And could it be granted?

San Diago

Posted 2016-02-19T20:21:28.547

Reputation: 103



The US law has changed from first-to-invent to first-to-file, so it's best to file a patent as soon as possible.

You can first file a provisional patent application, which won't become a granted patent but will establish a priority date so that your competitor cannot patent your idea later. However later on you will need to file a non-provisional patent application, at which point you hopefully monetize your invention enough to afford a real patent attorney.

If you are certain you can't afford the cost of getting a real patent but want to be on the defensive so that your competitor won't patent your invention and then sue you, you can publish a public technical disclosure anywhere to establish a disclosure date. After that point no one can claim your invention, including yourself.


Posted 2016-02-19T20:21:28.547

Reputation: 626

Useful answer, thanks. I'm going to look up the details of the "technical disclosure" strategy, that was interesting. – San Diago – 2016-02-21T14:59:48.297