5 ms·

It may be silly, but remember that the US uses first-to-file, not first-to-invent.

• tyingq 9y ago
  First to file, though, is just about the patent being granted. Once you start using your patent to bully people, prior art, even non-patented prior art, can be used against you. Edit: "Once the patent has issued, you can challenge it at the USPTO by filing a request for reexamination of the patent"[1] [1] https://www.uspto.gov/patents-maintaining-patent/patent-litigation/about-patents https://www.uspto.gov/patents-maintaining-patent/patent-liti... Edit2: It's also possible there are overlapping, earlier patents. This one looks promising...compare the drawings: https://www.google.com/patents/US5712995 https://www.google.com/patents/US5712995
  • geocar 9y ago
    That's not what 35 USC. § 273 says. It says that commercial prior use may be legitimate defence for that prior use, which isn't the same thing at all.
  • geocar 9y ago
    > Edit2: It's also possible there are overlapping, earlier patents. This one looks promising...compare the drawings: There's also: https://www.google.com/patents/US5796402 https://www.google.com/patents/US5796402
• wbl 9y ago
  That only comes up when two people file for patents that overlap. You cannot patent known inventions.