What can I do if a manufacturer is producing that same basic idea that I showed him?

Not much - but learn from your mistake. Your registered mail item is essentially useless. You needed to file a patent application on your idea - at least a provisional application before you showed the device to anyone. Now it may be too late for you to file an application - but you should consult a patent attorney to be sure. Did you have a non-disclosure agreement with the manufacturer? If not, again, that was a mistake.

Unfortunately, from the facts presented, you may have no recourse. If the concept was patentable, you should have filed for a patent application at the earliest possible time. At the very least, you should have approached your manufacturer with a nondisclosure agreement for the express purpose of giving you an action in contract if there was a breach of the agreement and to avoid a public disclosure. Finally, if the concept and prototype that you developed is already known and dedicated to the public, *i.e.*, there are no enforceable patent on the device, then everyone is free to make, use and sell the device. Under the America Invents Act, the first to file a patent application will own the rights to the invention. Your evidence of prior invention, *i.e.*, photographs mailed to yourself, might prevent the manufacturer from getting a patent on your invention, because you can show he derived the invention from your presentation of the invention. But, it does nothing more. Under U.S. law, you have only one year from any public disclosure of the invention to file a patent application. Your presentation to the manufacturer, in the absence of a nondisclosure agreement is a public disclosure. Additionally, the manufacturer making and selling the item is a public disclosure. So, if either of those two disclosures exceed more than one year ago, it is too late to seek patent rights. As always, you should seek the advice of competent patent counsel to fully explore your fact scenario and possible recourse, and the earlier the better.

If you didn't get a written nondisclosure from the manufacturer you showed your idea to, you're going to have to prove that the manufacturer deliberately used your idea after you showed it to him and didn't come up with a similar idea on his own. FYI, mailing evidence of your invention to yourself does not provide any protection against others stealing your idea. It can only provide evidence of the approximate date you developed your idea.

If the manufacturer signed a nondisclosure agreement with you, he may be liable for breach of contract. Absent a nondisclosure agreement, you sending a manufacturer a proposal for new technology does not bind the manufacturer regarding its use or nonuse. And, there is always the chance that the manufacturer was developing your technology when he received your package. A sealed envelope provides proof of the date of invention but is otherwise ineffective as to protecting the rights to your technology. The Patent System is the best way to protect inventions. You may still be able to file and protect your technology in the U.S. by filing a U.S. Patent Application. You should seek the assistance of counsel to explore your options.

Well, if it has been less than a year since you disclosed your prototype, you should run out and file a patent on it ASAP. Otherwise, if you were foolish enough to show your prototype to a manufactures without first having intellectual property protection (such as having a patent application filed) and without getting a non-disclosure/confidentiality agreement signed, then you are out of luck. Yes, he stole your idea but remember you cant own ideas. What exactly was the photograph supposed to do? Show you were the first to invent? So what. You did nothing with your invention. We are a first to file system. You lose! It would appear that you didn't want to file for any patent protection and yet now you want some. Unfortunately taking a picture is a good exercise for a photographer but a lousy way to protect your inventions. If everyone could protect their inventions by taking a picture then who would ever apply for a patent?

This is a tough situation for you. A letter mailed to yourself without more is no protection against copying. You should not have disclosed anything without having at least a prior written agreement with the manufacturer, such as a nondisclosure agreement. Furthermore, US patent priority has recently changed to a first to file system. If the manufacturer has not filed a patent application, you may still be able to file one, provided it is still less than one year since your invention was accessible to the public (accessible means- the mfg disclosed it to others without conditions of confidentiality or offered the product for sale). If the manufacturer has filed, you still can file and hope to eventually be granted a patent, provided you can show that the manufacturer derived the invention from your presentation. Even with all this, there remain the questions of whether your ideas were already in the prior art and/or obvious in view of the prior art (e.g. thereby not patentable) and whether the manufacturer derived the product from an independent source, prior to the time of your presentation (in which case there would be no derivation). Apart from these things, you might try to recover based on the manufacturer stealing your trade secret, but it would be necessary to show you did all of the things required to keep your invention a trade secret (and that it was not in the public domain or prior art). You should retain legal counsel if you are considering any of these alternatives. The first thing to do would be to file a patent application right away, providing that your idea was not in public domain or prior art. Please recognize that the suggestions above are very general, are not legal advice, nor are they intended to be any legal advice. The best course of action in your particular situation will depend on many further specific details and facts pertaining to you and your particularized issues. I recommend that you retain an experienced and competent patent attorney to advise you before taking any action.