I've been robbed!!!!

[dawterg]

Back in 1994 I contacted an invention co. much like the ones you see on TV late at night with an idea for an invention.I posted the idea certified registerd receipt to the co. They loved my idea and wanted to do a patent search for me at a cost of almost $600.00 .During that time my husband passed away which caused me to stop everything for awhile.I told them about the loss and time passed approximately 9-months before I saw my invention for sale in the dept store.I suppose sinceI did not do business with them they shopped my idea on their own and made a deal with a big/famous manufacturing co.I was so upset I wrote letters to the company, they denied any infringement or theft of my idea.I also contacted the better bussiness bureau in that state. Of course the company went out of bussiness. I feel I am due commission,percentage or money but I dont have Money to fight the big-wigs or the little theif .Can you advise me ? Is the statue of limitaions over? Do I have a chance and who can help me??

 

[Tracey]

Forget it.

1. You have 1 year from the time you reduce an invention to practice to file a patent application. If you fail to do so, you can never get the patent. No patent = no license fees or royalties.

2. You didn't tell us the results of the search. You may have designed something that's already patented. Not new = no patent.

3. How are you going to prove the big company stole your idea rather than comoing up with it on their own? The idea company is broke, and the only way you could sue the big company is if you could prove that you had a non-disclosure agreement with IdeaCo, BigCo knew about it, then solicited/stole the invention from IdeaCo. You'll never manage it.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[dawterg]

Thanks Tracey:
I appreciate your speedy response to my questions on my rights.
I did sign a disclosure form with the patent attorney but I see your point it would probably be impossible to prove. I believe they left a trail of evidence to show their connection with the idea dept of that big co. (I called the big co to inquire at the time).
The patent attorney sent me a copy of another mans patent to advise me I was not the only idea in town after I acccused them of theft(originally they said no one had the same invention I submitted to them).That invention was not even simular to mines,the one they stole from me was very simular to the one they put on the market with a few changes.
I never registered a patent search only a copy of the papers to my self & never opened it(poor mans patent).I thought it would mean something in court if needed for such a time as this since it was notarized & certified mailing.
I hope to possibly market my idea on infomercial,or sell the idea to a manufacturing company one day. I am still the mother of this invention and the details of this baby still belong to my brain so I know it will work just as I originally planned.
Thanks again for letting me vent,with this information I can close this book and go on to create other great things.
Perhaps I can use your services when the time is right?