|
|
Making idea known to the public. Patent it later?
Posted by Anonymous . updated on 2/26/2009
If I were to publish my idea to the public - example: A news paper. Could anyone who wanted to make money of my idea? Example: Sell my invention?
Could I patent this idea later or would it be too late - free for the public to use?
How does the 1 year rule work? If I publish my idea in a news paper 1/1/2008 and some one files a patent 1/20/2008 would they have rights to the patent since it wouldn't be considered prior art (1 year rule?)
Thanks,
Vilhelm
Answers (7)
| |
|
mr.phys...
|
Quote If I were to publish my idea to the public - example: A news paper. Could anyone who wanted to make money of my idea? Example: Sell my invention?
Could I patent this idea later or would it be too late - free for the public to use?
How does the 1 year rule work? If I publish my idea in a news paper 1/1/2008 and some one files a patent 1/20/2008 would they have rights to the patent since it wouldn't be considered prior art (1 year rule?)
Thanks,
Vilhelm
You have a one year grace period from the time of public disclosure to file a patent. After this grace period your own disclosure could stand as prior art that bars the issuance of a patent.
It works as follows:
If you publish your idea in a newspaper on 5/17/2007, you have until 5/17/2008 to file your patent application, or else the grace period has expired and your own disclosure will be harmful to your chances at obtaining a patent.
If someone were to file for a patent, copied from your disclosure, it gets a little (legally) hairy. If they do so, and you subsequently file your application, then it becomes a matter of interference between the two copending applications. Since you are the true inventor, you should have sufficient documentation to prove your conception of the idea and its reduction to practice (and the corresponding dates for these events), so you would likely preserve your rights should your application issue into a patent.
That's just the gist of things and my take. So goes the old adage: "If you're not sure whether you need advice from a lawyer or not, you probably do."
Regards
|
|
| |
|
Vilhelm
|
Thanks  There are a lot of lawyers on this forum, so I can wait for one that can confirm what you said is true - and/or add anything
|
|
| |
|
Vilhelm
|
So if I don't file within a year it becomes public property?
|
|
| |
|
mr.phys...
|
Quote Thanks There are a lot of lawyers on this forum, so I can wait for one that can confirm what you said is true - and/or add anything
Good idea  I'm no lawyer, only working towards becoming one.
So if I don't file within a year it becomes public property?
I suppose you could state it that way. After the one year grace period, you, and anyone else for that matter, are barred from obtaining a patent on the disclosed invention or, as they say, "any obvious variant thereof."
Regards
|
|
| |
|
pentazole
|
If you disclose the invention to the public you may still be able to file domestically, but it alters your foreign filing rights.
|
|
| |
|
JimIvey
|
I think MR Wisc got it right. By "here", he means in the US.
Not to make broad assumptions re ethnicity, but there's a good chance someone named "Vilhelm" is not in the US -- my uninformed understanding is that there are many more Vilhelms in Europe than here in the states. In Europe, you have no grace period at all.
I understand that, aside from the US, Canada and Argentina have similar grace periods. Someone posted here recently that Japan has a 6-month grace period. I'm not familiar with that, so you'd have to check with Japanese counsel.
In short, not only is talking to an attorney (or patent agent) a good idea, it's a good idea for each and every country in which you'd like patent protection.
Regards.
|
|
| |
|
Isaac
|
Quote How does the 1 year rule work? If I publish my idea in a news paper 1/1/2008 and some one files a patent 1/20/2008 would they have rights to the patent since it wouldn't be considered prior art (1 year rule?)
I didn't see anyone else touch on this point, but 102(a) would still allow your newspaper article to be prior art against someone else who invented after publication of your article. If that person dervied the invention from your article, both 102(a) and 102(f) should prevent that person from getting a patent.
|
|
Related Questions
 |
My question concerns patent laws specifically if claim 1 is an independent claim and claim 2 is a dependent claim of claim 1 would it be considered infringement of the patent if one were to copy claim 2 with... Read More |
|
re patent term extension application: facts: 1. PTO rejects initial application for patent term extension, 2. applicant requests reconsideration, 3. PTO again rejects application, making it a ''final agency ... Read More |
|
If a patent was issued in 2004 dated from 2001 that was a continuation in part of a 98 patent app, now abandoned that was a Continuation of a 96 patent app, now abandoned does the ''first to invent'' date go... Read More |
|
My question concerns patent law, specifically claims. If claim A is an indpendent claim and claims B through J are dependent claims of claim A is it necessary for all dependent claims B through J to be prese... Read More |
|
How can one protect Medical Indication Inventions and what is and how can one use in this context the so called "swiss claims format" Read More |
|
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|