Can Someone Patent My Invention Before Me?


Yes, if they independently came up with it on their own and without deriving it from you. If two people independently invent the same or very similar inventions on their own, then the first person to file a patent application will be first in line at the Patent Office.

However, if someone files a patent application for an invention that they derived, or first learned about from you, then you can file a Derivation Proceeding with the Patent Office to assert your superior rights even if they filed their patent application before you.

Related Topics:

What is Prior Art?

What is a Priority Date, and What Does It Mean to “Maintain Pendency”?


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