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Can someone else patent something you are already using?

Kevin Sutter

in Student Loans

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Caroline Campbell on April 8, 2018

This is a bit more complex. There is a difference between obtaining a patent and obtain a valid patent. For examp,e if you have been using the claimed invention, but a examiner never found this to be a patent may be issued that is not valid due to the anticipated and/or rendered obvious by your prior use. It also depends on what jurisdiction you are talking about. For example, in some jurisdictions, the anticipation may be due to the prior use of any part of the world (e.g. Australia), while in other jurisdictions the notice is a written disclosue in any place of the world or of use in that jurisdiction (for example, the united states). Consequently, if you do not publish your invention and do not reveal it in that jurisdiction, cannot anticipate the patent in that jurisdiction and the other person can get a patent. You may also be able to claim prior to continued use in some jurisdictions, which means that if you continuously used the patented invention before the patent was applied fo the current time is safe from the breach.


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