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In which situation, i can patent my idea?
Posted by Anonymous . updated on 6/9/2009
I heard that, even if I just tell my idea to my friends, I will not be able to patent this idea after a year. Is that true?
Answers (2)
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Daniel ...
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Public disclosure of all elements of your invention, when done more than 1 year prior to filing for a a patent application bars you from acquiring a patent. See 35 U.S.C. Sec. 102(b). However, the question is how much of your invention was disclosed to your friends. Also, if it was offered as part of a business deal, with expectation of confidentiality, then it might still be ok. I would need to know more about the circumstances surrounding the disclosure to your friends.
The U.S. patent law gives inventors 1 year window to file for patent protection after the public disclosure or sale of a product that embodies the invention.
Daniel Basov
Solton Rosen & Balakhovsky LLP
110 Wall Street, 11th floor,
New York, NY 10005
212-344-1744
daniel.basov@srblaw.net
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Sanaa T...
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Yes, this is true, unfortunately. But you must first identify the purpose of disclosing your idea to your friends, is it something you need their help for? Perhaps they can be co-inventors of your idea should you choose to develop it further and create an invention. In any case, you must jot down your idea(s) in a journal specific for the purpose. The journal should preferably a strong bound book, not something one would easily tear pages from. Note down the idea, the circumstances in which you got it, the time and the DATE say 15th June 2009 for example.
Do take a look at: http://www.patentexpress.com/patent-101-video/how-do-you-get-started-on-your-idea_65_9.html
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