If someone has an idea for an invention that wasn't patented and I steal it from them, would it be illegal?

Question: If I file for a patent, and someone else had the idea before I did but failed to file, would they have a claim on my idea?

Answer: Unfortunately, nothing in the world of patents is easy, not even the answer to what seems to be a simple question.  If you file an application for a patent that someone else had the idea for, you may be opening yourself up for a fight.  Initially, the other party could file a protest to your patent application.  However, there are very stringent time requirements on filing a protest.  In the event the patent is issued, the other party may also file a lawsuit against you depending on whether they had a legal reason to sue you.  This really comes down to how you obtained the idea and whether you did it ethically or not.  Should an issue arise, you should contact an attorney that specializes in patents and trademark claims. 

Answered by Leather Martin

Additional Resource: Patent Rights

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