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Topic: Making idea known to the public. Patent it later? (Read 2954 times) |
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pentazole
Full Member
Posts: 197
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Re: Making idea known to the public. Patent it lat
« Reply #5 on: Jun 21st, 2007, 3:53pm » |
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If you disclose the invention to the public you may still be able to file domestically, but it alters your foreign filing rights.
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JimIvey
Moderator
Senior Member
 
Posts: 2584
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Re: Making idea known to the public. Patent it lat
« Reply #6 on: Jun 21st, 2007, 6:24pm » |
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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.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Isaac
Senior Member
Posts: 3472
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Re: Making idea known to the public. Patent it lat
« Reply #7 on: Jun 22nd, 2007, 6:54am » |
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on May 17th, 2007, 11:55am, Vilhelm wrote:| 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?) |
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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.
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Isaac
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