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July 17, 2023
John Rizvi, Esq.

If You Already Talked About Your Non-Patented Invention with Someone, Can You Still Get a Patent?

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If Amir as wants to know, what did you hear in our deal with someone few months ago now you think he should not have because there's potential to develop the idea into a viable product? Is there something that can be done to patent the idea? Yes. So murder? Yes, we can't condone that is wise to just favor we are not condoning.

And even if we were, by the way, if this other person has filed, then patents or property, then his, his patent will pass under his will. So murdering him is not going to help either.

That's why we have IP laws to begin with. But we don't have to go to these extremes.

Exactly. So first, you know, and I'm not going to be one of these people that say you never, you know, you know, you shouldn't have disclosed your idea to this person. So I won't harp on that. You know, I'm not going to be like, my wife's a dentist, and she says she, she never comes down with their patients and says, you know, you know, if they haven't been brushing their teeth, they're not coming to the dental office for a lecture about, you know, your test test test, you should have been brushing your teeth, all the situation, get them healthy as soon as possible. My job is to help you if you've discussed it with this person. Chances are if they believe that you have spoken with a patent attorney, or that you somehow have a head start, that's going to be a huge deterrent to them filing. So if you're still in contact with them, I would drop the fact that your patent attorney is working on your idea. You can technically say your patent pending, if it's not theirs, that's violation. But there's nothing wrong with saying that you are pursuing a patent or that you're speaking to patent attorneys about getting it patented. And then actually do that go forward, get it patented as soon as possible. Because if they have filed first, unfortunately, you're out of luck. I will tell you because the cost is high. If they believe that you're on top of it, and you understand patenting, they might not pursue the idea and pursue a patent because being first gives them zero protection, zero rights. So what you have to do is basically conveyed to them bluff in a sense as if you are so far ahead of them that your patent is going to be is filed first. That's the best advice I can give. The only thing other than that the for the benefit of other listeners. Absolutely do not reveal your idea until your patent pending. The only time you should review is with somebody that's licensed by the patent office like myself a registered patent attorney, and that signs a nondisclosure agreement and gets that to you first

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