Pat invented a device that could be screwed into the ground, adding piping as ne
ID: 448411 • Letter: P
Question
Pat invented a device that could be screwed into the ground, adding piping as necessary, to create a do-it-yourself well. The pipe could then be attached to a pump to draw ground water into a sprinkler system, thereby avoiding the cost of using city water for lawn irrigation. Pat discussed the system with a reporter, who ran a story in the local paper. Pat then tested the system on ten lawns of people who contacted him after the newspaper article.
After a two-year testing period, Pat prepared the patent application to patent the device, and then found that just a month earlier one of Pat's testing customers had patented the device. Pat demanded that the customer give up the patent to Pat, but the customer refused. Which of the following is most correct?
Pat can force the customer to give up the patent claim because by publishing the story of the device in the paper, Pat established that he invented it first.
Pat can force the customer to give up the patent claim because the customer obtained the idea from Pat.
Pat lost his exclusive right to patent the device because he publicized and used the device for more than a year before filing.
Pat lost his exclusive right to patent the device because he didn't protect his trade secret.
A.Pat can force the customer to give up the patent claim because by publishing the story of the device in the paper, Pat established that he invented it first.
B.Pat can force the customer to give up the patent claim because the customer obtained the idea from Pat.
C.Pat lost his exclusive right to patent the device because he publicized and used the device for more than a year before filing.
D.Pat lost his exclusive right to patent the device because he didn't protect his trade secret.
Explanation / Answer
Answer: C. Pat lost his exclusive right to patent the device because he publicized and used the device for more than a year before filing.