Ben Tex wrote:But, the refinement of my idea at that time can be easily documented. Through them, a patent application was filed in January of 2006. I've just learned that a provisional patent application for a svery similar product was filed by another individual four days before my file date, and a non-provisional application was filed 364 days later.
Before I wave the white flag, I want to exhaust every opportunity to continue my pursuit. I've heard the U.S. looks at first to invent vs. first to file. In your experience, is this an issue worth pursuing, and if so how?
Ben Tex wrote:If I understand correctly, filing for re-examination is an action I would take after/if his patent is issued, but not before, correct?
Or does uspto do any investigation regarding "first to invent" before it initially issues a patent when there are two similar applications?
Ben Tex wrote:Thanks again. Would it be accurate to say that, in the event two very similar applications are considered for approval, the uspto will strictly go by "first to file" in issuing the patent? Afterwards, it is up to an inventor to challenge based on "first to invent"? Or does uspto do any investigation regarding "first to invent" before it initially issues a patent when there are two similar applications?
Sorry to hammer you with so many questions, but this is the most intense patent learning experience I've had yet.