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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3466
Experience:  Experienced in intellectual property law
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I came up with design of a knife and I never got a patent

Customer Question

Hello,
I came up with design of a knife and I never got a patent but I do have pics of my drawings saved on my phone. Do I have any legal grounds now that I have found that someone has made that design?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.
No you do not. Unless you have a granted (issued) patent, you have no legal right to prevent anyone from making/using/selling etc. the knife. The fact that you may have designed it before them would not matter unless you can prove that it was publicly disclosed & accessible before they filed the patent....and even then it would only help to invalidate their patent, it would not prevent them or anyone else from making/selling the knife, or allow you to patent the knife.