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Patent application through uspto.gov is visible to the world???
Posted by Anonymous . updated on 2/26/2009
I have an invention and eventually plan to file a patent application with an attorney. I do not plan on filing the patent outside of the United States of America. In general does anyone agree with me that it is a bad idea for the patent office to disclose filed patents once they are filed? Especially through their websites? Since most of the world also knows english as a second language, it seems to me that other people in other countries could fish for pending patents. Steal the idea and then start producing products based on that idea. Or even to file for a similar patent in their country.
Answers (3)
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klavier...
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I cribbed this from another site, but it is accurate:
"The American Inventors Protection Act of 1999 (AIPA) requires the publication of U.S. patent applications filed on or after November 29, 2000. Under this act, U.S. patent applications will be published 18 months after the effective filing date of the application. This new provision in U.S. patent procedure brings the U.S. in closer alignment with international patent practice since most applications filed in international countries and under the Patent Cooperation Treaty (PCT) are published 18 months after filing."
That said, if you are concerned about having your invention "stolen" by third parties fishing the USPTO website and finding your published application, you can file a Request for Non-Publication at the time of filing. Note, however, that filing such a request requires you to certify that you will not file the application abroad. You can change your mind about foreign filing at a later time, but you need to infortm the USPTO, and your application will likely be published shortly thereafter.
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Wiscagent
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"... other people ... could fish for pending patents. Steal the idea and then start producing products based on that idea."
Yes. That's a fundamental part of the patent system.
When a person applies for a patent they are agreeing to openly present their patent application to the public in exchange for the possibility of blocking other people from practicing the claimed invention in the jurisdiction(s) where the patent application(s) were filed.
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10YearReg
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Well look - you're not looking for protection abroad, right? So don't look at it as they're stealing your idea - they're just using it in a way you choose not to.
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