Rights with Patents

rincelex

Not sure where to put this.

What are the implications if you invent something for personal use and then start selling for profit (only very small scale, local fairs etc) and then years later someone else comes along and invents the same thing and then patents it.

Is it a case of tough luck. Can you continue to sell it?

Thanks

neilmcl

I'd say it's tough luck I'm afraid, I could be wrong but sounds like you should have applied for a patent yourself.

Maybe worth speaking to a solicitor specialising in patent/copyright law.

hollydays

I once met someone at a party who made a living from ripping off other people's ideas

malkie76

If you can demonstrate "prior art" ( https://www.epo.org/learning-events/materials/inventors-handbook/novelty/prior-art.html ) then you invalidate their patent

rincelex

Honestly it never crossed my mind to get a patent it was just a method of doing something that I started some time ago, never published on any social media so it looks like they just came up with the same way of doing it.

Its the method that has been patented not the actual item. Like I said can I still sell my items using this method?

rincelex

malkie76 wrote: »

If you can demonstrate "prior art" ( https://www.epo.org/learning-events/materials/inventors-handbook/novelty/prior-art.html ) then you invalidate their patent

Thanks but no - items long gone and I am not in contact with any of the strangers who purchased at boot fairs or craft fairs.

malkie76

I'm just saying that you can continue to make and sell your items. To demonstrate prior art all you need to show is that you've made it previously - you don't need the physical item.

Sterlingtimes

rincelex wrote: »

Not sure where to put this.

What are the implications if you invent something for personal use and then start selling for profit (only very small scale, local fairs etc) and then years later someone else comes along and invents the same thing and then patents it.

Is it a case of tough luck. Can you continue to sell it?

Thanks

Tough luck as far as an invention is concerned and you cannot continue to sell it. Have you thought about copyright?

malkie76

Sterlingtimes wrote: »

Tough luck as far as an invention is concerned and you cannot continue to sell it.

Yes they can continue to sell it - see above.

beeg0d

Sterlingtimes wrote: »

Tough luck as far as an invention is concerned and you cannot continue to sell it. Have you thought about copyright?

Not True. With a patent its NOT a case of first to register wins, If you can prove you came up with it first (before the patent was registered) the patent will bee invalid. However prepare for threats from the patent holder.

dj1471

You need professional advice.

Legally you would need to license the patent from the holder in order to produce a product that incorporates it. However given the small scale they're unlikely to be interested.

If you can demonstrate prior art then you can challenge the patent, but that will not be fast or cheap. If you win they would have to license it from you, assuming they are selling a product based upon it. It may however be a better strategy to try and convince the holder of your prior art, as they may be willing to throw some money at you to make you go away (and sign over any interest in the patented invention).

A lot will depend on who the patent holder is.