Details on an abandoned patent

**jeremylautman** · 05-16-2010 03:28 PM

Hey all,

I've come up with a new device which I'm hoping to patent. I have two teammates who helped me to invent the device and I have made arrangements to buy rights to any patent which may arise. However, before I hand over a hefty chunk of change, I want to make sure that there is at least a decent chance that the device is patentable.

A similar device already exists in the marketplace, but the patent on it was abandoned. Does anyone know of a way to see the details of an abandoned patent, namely what office action the company did not respond to? If the reason is a basic issue with the subject matter, it's likely that I won't be able to patent and it isn't necessary to pay my co-inventors.

Thanks a ton.

**ZingerIntl** · 05-16-2010 04:19 PM

In most countries the ownership is given to the 'first to file'... meaning who ever has it filed for patent protection. BUT in USA its the 'first to create' meaning who ever built it first. So I am not clear on this but, if you create something and start selling it, the original creator can come after you if they can prove they had a working model prior to you. Not sure tho if you patent it if that changes the rules. Just ask the patent office. I asked 3 offices for a free consultation and each of them gave me a bunch of free knowledge and I opted to not patent it. But I got the knowledge in 1 afternoon for free. Good luck