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Novelty
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   Making idea known to the public. Patent it later?
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   Author  Topic: Making idea known to the public. Patent it later?  (Read 2716 times)
Vilhelm
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Making idea known to the public. Patent it later?
« on: May 17th, 2007, 11:55am »
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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
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mr.physics
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Re: Making idea known to the public. Patent it lat
« Reply #1 on: May 17th, 2007, 12:34pm »
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on May 17th, 2007, 11:55am, Vilhelm wrote:
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
« Last Edit: May 17th, 2007, 12:38pm by mr.physics » IP Logged
Vilhelm
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Re: Making idea known to the public. Patent it lat
« Reply #2 on: May 17th, 2007, 12:57pm »
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Thanks Smiley 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 Smiley
 
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Vilhelm
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Re: Making idea known to the public. Patent it lat
« Reply #3 on: May 17th, 2007, 1:07pm »
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So if I don't file within a year it becomes public property?
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mr.physics
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Re: Making idea known to the public. Patent it lat
« Reply #4 on: May 17th, 2007, 1:53pm »
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on May 17th, 2007, 12:57pm, Vilhelm wrote:
Thanks Smiley 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 Smiley
 

Good idea Wink  I'm no lawyer, only working towards becoming one.  
 
on May 17th, 2007, 1:07pm, Vilhelm wrote:
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
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