Does the actual inventor of this item have any means of gaining financial compensation for his stolen design?

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Assume an inventor A has no patent, just published proof that he created the Invention. Assume a second individual B copies the Invention and files for a US patent on the Invention. Does A have any means of gaining financial compensation for his stolen design despite having no patent on the Invention?

dave mogen

Posted 2013-02-19T05:57:08.243

Reputation: 31

Answers

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Ask an attorney, especially if the patent holder is making tons of money from it. If it is a filed application rather than an issued patent, there are ways of bringing the published information to the examiner's attention to try to keep it from of being patented. If the person has gleaned information from you and added on to it, it is possible that legally you would be considered joint inventors. If you are legally joint inventors but you are not listed as an inventor, there are remedies for that. If he copied from you or just made an independent invention/discovery but you did it first and his patent is relatively new then you can file your own patent application and provoke an interference proceeding. In that expensive process you can attempt to prove you were first.

George White

Posted 2013-02-19T05:57:08.243

Reputation: 21 648

1Provoke an interference? Really? – Yorick – 2013-02-21T23:38:27.967

@yorick - unlikely as it might be, if the poster filed tomorrow and that was within a year of the granting of the patent he believes "stold" his invention why couldn't that result in an interference? Thanks. – George White – 2013-02-22T02:40:20.393

I would be interested in your analysis, looking at the applicable law and timelines, that results in an interference. Today is Febraury 22, 2013. I would also be interested in why you do not mention a derivation or transitional proceeding anywhere above. – Yorick – 2013-02-22T13:50:47.817

Posted as a self answered question. If I am off please let me know. – George White – 2013-02-22T23:28:51.937