Product stealing and patents

[Kelllilee]

State: WA

I need some advice on a situation that has come up. I make a wearable product and came up with a completely unique design for it. I started the paperwork for the patent, but hadn't yet submitted it. I'm not sure if it is now too late to get a patent as it's been more than a year since we started selling our product.


Here's the situation. About 6 months ago I was contacted by a company who had seen my design and wanted to incorporate it into a new product she was creating. She offered an amount of money to get a "license" to use my idea. After a lot of discussion and thought I told her that I would not do it at that time as we were looking into patenting and we're looking into making a product that would be virtually identical to what she had in mind.

A month ago, she launched her new product using my design despite our conversations. Her product is slightly different than mine, but the concept and design idea is the same.

Do I have any legal recourse? What can I do now, and is it too late to file for the patent?

 

[Michael Wechsler]

You may have recourse but this is complex. This might not be patent but trademark and/or copyright. If it's worth something to you and it sounds like it is, see an IP lawyer since your case is very fact specific, e.g. date of creation, whether you had an agreement with this other company, trademark infringement, etc. Best of luck with this and I hope you get justice.

 

[Kelllilee]

Should we go ahead with filing the patent application or is it too late? We officially started selling our products roughly 16 months ago...

I don't have all the communication between me and this other person. I do have her inital contact email clearly showing she didn't come up with the idea on her own that she wanted to copy my idea. I dont' think we have any IP attorneys in our area though. I'll need to see if I can find someone.

 

[Michael Wechsler]

You may have a copyright case. We're glad to connect you with an IP attorney if you contact support. Be prepared to send some money, at least for a cease and desist letter which may solve your problems. Copyright may do the trick. Hopefully next time you'll have this done properly. Good luck.