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I can prove that an invention of an item/product was my original idea...

csolman's Avatar

A very successful item/product was marketed in the year 2000. 

What can I do if I have proof that this was my original invention idea?  The proof is in the form of a local newspaper publication. At my school's "Invention Convention" in 1988, I was in 6th or 7th grade.  The local newspaper published a photo identifying me as the inventor, and wrote a description of the invention, how it was made, and it's purpose.  What is quite is quite coincidental is that the man who is credited with the invention is from my home state...

Do I have any grounds to claim this invention? Should I? It is a successful and lucrative product...

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kristina.poindexter's Avatar

Hi Christine, 

Kevin's response is correct. In this situation we can not advise but we do recommend that you speak with a patent attorney for more information. 

Best of luck,

Kristina

Helene Schmidt
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danny3xd's Avatar

Any succes or updates, Christine?

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williamj's Avatargold

Christine, this isn't legal advice just common knowledge in certain circles. If you have an active patent then you have status for legal action. If the producers of your concept filed for a patent then you have no standing. The patent law has changed from first to invent to first to file.

Bummers.

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gizmo's Avatar

Actually if the local news paper published a photo and wrote a description and you never filed for a patent your idea becomes prior art and its FREE GAME. 

William first to file has nothing to do with his situation because it would of been Prior Art. Could a Patent examiner missed the prior art if a patent was issues...sure but it would be easy to challenge....

williamj
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williamj's Avatargold

Gizmo, I stand corrected. Thank you;

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phonepaal's Avatargold

Plus--even if it was patented--typical patents last only 20 years.  After that, it's fair game.

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kimmyk's Avatargold

I'm wondering why the 18 year wait to bring this up?

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