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Registered Member #54596
Joined: Fri Mar 06 2015, 11:31AM
Location:
Posts: 19
BigBad wrote ... In America, there was a thing where you could publish, and up to a year later claim a patent on it. I'm not sure whether that's still valid or not, the American system has been bought more into line with the rest of the world; they're now on a first to publish scheme, rather than first to invent because it's easier to administer and many things have changed.
That's what I'd heard, that the invention was basically "up for grabs" the first year if you try to share freely. Very good to hear if that has been changed.
Registered Member #72
Joined: Thu Feb 09 2006, 08:29AM
Location: UK St. Albans
Posts: 1659
Ash Small wrote ...
Sulaiman wrote ...
I thought that once a patentable idea is published (e.g. on 4HV) that it is no longer patentable.
+1
EDIT: I think it means no-one else can claim a patent if you have already published here, or elsewhere on the internet, or anywhere else.
Once an idea is published then neither you nor anyone else can sucessfully file a patent on it. If the publication is brought to the attention of the patent office that is.
There are many ideas published in under the radar publications when the inventor wants to release it into the wild, to poison any other patent applications, so that he won't be prevented by someone else's patent from making/selling it, but does not want to publish it widely or in an easily searchable way, and so free gift it to the Chinese. This was always a conversation we had at work whenever a new patentable idea was generated. Could we be bothered to try to patent, or was it more trouble than it was worth? If the latter, then the 'Icelandic pig breeders' gazette' was our generic term for whatever obscure publication our patent lawyers were favouring this month for slipping poison pills into the public domain quietly.
On a technical point. Selling a piece of equipment incorporating the idea, without declaring that it's in there, constitutes 'publication', at least in the UK. So patent before you sell, if you might want to patent.
Registered Member #2431
Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639
first, "poison pill" i like that term. Theres all kinds of tech id like to sabotage so patent trolls couldnt steal it and sit on it then extort myself or others.
second, since when have the Chinese bothered to respect others' IP ?
Registered Member #5323
Joined: Fri Jun 15 2012, 02:14PM
Location:
Posts: 104
In most countries, public disclosure can impede your chance of being granted a patent IF the patent reviewer discovers it was publicly disclosed. Assuming he/she misses the public disclosure, it can make it particularly hard to defend it later. Best to disclose your unique ideas publicly only after a patent has been granted if you intend to retain some amount of control. My 2 cents - having endured the international patent process many times.
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