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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34525
Experience:  16 yrs. of trial experience
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I wrote to a diaper manufacturer in 1987 with an idea

Customer Question

I wrote to a diaper manufacturer in 1987 with an idea for a visible wetness indicator and mailed myself a copy of the letter I still have unopened. Is there anything I can do at this time.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 1 year ago.
Do I have ground for compensation?
Expert:  P. Simmons replied 1 year ago.

Thank you

How so...that is, why do you believe you have a claim? I understand you mailed an idea into a manufacturer...but that is all I got from the question. Is there more information?

Did the manufacturer use your idea? When?

Customer: replied 1 year ago.
A similar product is in use.
Expert:  P. Simmons replied 1 year ago.

Thank you
And how long has that been in place (how long has the similar product been on the market)?

Customer: replied 1 year ago.
Their product has been on the market a couple of years.
Expert:  P. Simmons replied 1 year ago.


One more...did you ever apply for a patent?

If so, when?

Customer: replied 1 year ago.
No but I have the same letter I wrote to the company in a sealed unopened envelope to myself.
Expert:  P. Simmons replied 1 year ago.


I fear you have waited too long.

The statute of limitations on a patent claim is 6 years. Since this happened over 6 years ago (in fact nearly 30 years ago)? And since you never actually obtained or applied for a patent? It is too late to bring a legal case

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can still sue, after nearly 30 years, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.