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(Message started by: Vilhelm on May 17th, 2007, 11:55am)

Title: Making idea known to the public. Patent it later?
Post by Vilhelm on May 17th, 2007, 11:55am
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

Title: Re: Making idea known to the public. Patent it lat
Post by MR Wisc on May 17th, 2007, 12:34pm

on 05/17/07 at 11:55:25, 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

Title: Re: Making idea known to the public. Patent it lat
Post by Vilhelm on May 17th, 2007, 12:57pm
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 :)


Title: Re: Making idea known to the public. Patent it lat
Post by Vilhelm on May 17th, 2007, 1:07pm
So if I don't file within a year it becomes public property?

Title: Re: Making idea known to the public. Patent it lat
Post by MR Wisc on May 17th, 2007, 1:53pm

on 05/17/07 at 12:57:11, Vilhelm wrote:
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.


on 05/17/07 at 13:07:58, 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

Title: Re: Making idea known to the public. Patent it lat
Post by pentazole on Jun 21st, 2007, 3:53pm
If you disclose the invention to the public you may still be able to file domestically, but it alters your foreign filing rights.  

Title: Re: Making idea known to the public. Patent it lat
Post by JimIvey on Jun 21st, 2007, 6:24pm
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.

Title: Re: Making idea known to the public. Patent it lat
Post by Isaac on Jun 22nd, 2007, 6:54am

on 05/17/07 at 11:55:25, 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?)


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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