Do I have a case if my idea was stolen? 3 Answers as of June 09, 2011I have an idea that is making billions of dollars for huge company and they stole it from me. I have proof of concept and the day it was invented. I do have a design patent which I applied for under the impression that I was filling the right patent. (Invention submission company said I should apply for design) Do I have a case?
Grant's Law Firm | Allan Grant
If your idea was truly stolen, yes you could have a case. Unfortunately, that does not seem like that is what happened to you. It seems like you hired and trusted a non-attorney (ie. an Invention Submission Company) to give you legal advice. As a result you only filed for a design patent, when it might have been better and advisable to file for a utility patent. If you elected not to fully protect your idea/invention then an argument could be made that you donated your idea to the public. However, if the Invention Submission Company is the huge company that stole your idea then you might have a case. Alternatively, if the huge company independently invention the same or similar invention you would not have any claim.
Answer Applies to: California
Barton Barton & Plotkin | Maurice Ross
Ip laws do not protect mere ideas. But we could put together a case for you that this was beyond theft of an idea. You Need to retain ip counsel immediately. Before I could advise you on this I would Need much more information. This is a complex issue and you must retain counsel to help you
Answer Applies to: New York