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Roger, Lawyer
Category: Intellectual Property Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If someone owns a patent can they sue me if I was the first

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If someone owns a patent can they sue me if I was the first person to conceptualize the invention and turned it into a business? I have proof that I was the first to conceptualize it (emails to my brother and sister describing the entire concept), but no proof that I turned it into a business or made it publicly available. I am 100% sure that I am the one who first conceptualize it and I am 100% sure that my proof can prove that.
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney here to assist you.

If someone patented the process before you - even if you came up with the concept/process first - the one who holds the patent has the advantage. If the other person beat you to the patent, he/she can sue if you infringe on the patent.

The most famous example is Elisha Gray - he actually invented the telephone before Alexander Graham Bell, but Bell beat him in the race to obtain a patent. The rest is history.

The same scenario principles apply here. Whoever wins the race to receive a patent controls.
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