If someone went ahead and filed anyway, the inventorship could be challenged. This could be done at the U.S. Patent Office
level, or in the defense during a litigation. At the U.S. Patent Office level, there are provisions in the AIA to file
an information disclosure statement (IDS) by third parties. An IDS could be used to put the
U.S. Patent Office (or USPTO) on notice.
If a patent has already issued, a post-grant review would be an option. If there is a competing application on
file by the true inventor, a
would be appropriate.
We can really help with that being the Best Patent Attorney in Macomb County
Another interesting situation would be if Company B attended a seminar presented by Company A. Then Company A
discloses a possible invention. Company B could not properly file based on the inventorship declaration requirements
discussed above. But what if Company B did not file patents that directly covered Company A’s disclosure, but rather
made an improvement over the Company A material? Company B could possibly receive a
valid patent. To do this
by the book, Company B would file documents from Company A’s disclosure in an information disclosure statement. If the
U.S. Patent Office approves Company B’s claims, and there was an IDS considered, this would be acceptable. Company A may
be upset, but that would probably be acceptable.
 A derivation proceeding applies to patent applicaitons
filed after the America Invents Act (AIA). Prior to the AIA, a Patent
Interference would be the
Book an appointment with an Intellectual Property Lawyer San Francisco South Bay to discuss your Patent issues with one of our Attorneys.
Tags: Best Patent Attorney Macomb County, Intellectual Property Lawyer San Francisco South Bay, First to File Patent Rule, First to File Law, U.S. Patent Office
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