Patent Rights, Ideas predating the patent

[rmroan]

What is the name of your state (only U.S. law)? Alabama

I have a quick question...I came up with an idea, drafted a picture and description, and sent it to the PTO. A year later a patent application was filed on essentially the same idea as mine. I contacted the company and it seems their idea inception did predate mine, so I dropped it.

My question is this. Since I can prove I came up with this idea independently and before a patent application was filed, do I have any rights to produce this item myself?

I think I know the answer, but would like an expert opinion. Thank you.What is the name of your state (only U.S. law)?

 

[divgradcurl]

My question is this. Since I can prove I came up with this idea independently and before a patent application was filed, do I have any rights to produce this item myself?

No. Patents are not like copyrights and trademarks -- preexisting use, or independent development, it not a defense to a patent infringement claim.

If you have sufficient evidence that you invented the thing before the other party did, you could try to invalidate their patent, either through the reexamination process or as a defense in litigation. But so long as their patent is valid, they are the only ones that can grant permission to use the particular patented thing.