First to file and first to invent: Difference between revisions

Revision as of 15:16, 10 August 2006

Revision as of 20:42, 22 August 2006

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Both of them kept the invention as a [[trade secret]] up to this point.

If Tom notices Jerry's move in time, he may prevail in an [[interference proceeding]] filed in the USPTO. If Tom disclosed the invention to the public before Jerry's filing, he can claim [[prior art]] and use it to invalidate Jerry's patent (Tom would have, at this point, a year to file a patent application. If he failed to file within this one-year [[novelty (patent)|grace period]], the invention would enter [[public ___domain]]). If he fails to notice Jerry's move before the above-mentioned deadline, he can do nearly nothing to TomJerry. If he uses the invention secretly himself, he is not allowed to raise so-called "prior use right" as a [[defense (legal)|legal defense]] in a [[patent infringement]] lawsuit because the subject matter is not a [[business method patent]]. He can try to negotiate a [[license]] from Jerry or catch the mouse in another way not covered by Jerry's patent.

It is usually hopeless for a [[copycat]] to [[forgery|forge]] evidence of first invention to hijack an issued patent or publicized patent application.