QUESTION
Am I entitled to a patent if I make my idea open to the public?
Asked on Jul 26th, 2011 on Patents - Washington
More details to this question:
Someone I know has invented a new powerful self running engine that does not work on gasoline or electricity. It does not have a patent or patent pending yet. Would that person be wise to make a video claiming himself as the inventor and post it on the You Tube and proclaim its PUBLIC DOMAIN for the entire world?? The whole world would then know he is the original inventor but he would not receive any monetary compensation whatsoever working that way. This leads me to my question. Having done the above what USA patent or patent pending rights if any does the original inventor have after doing the above? Surely anyone who files for a patent exactly like the original inventors device is not the original inventor
2 ANSWERS
None. See 35 USC 102. You loose the right to a patent if it is publicly disclosed and the patent is not filed within 12 months.
Answered on Jul 28th, 2011 at 12:55 PM
Intellectual Property Attorney serving Spokane, WA
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In the U.S., an inventor has one year from the earliest sale, offer for sale, public use, or publication of an invention to file a patent application. After one year, it is no longer possible to obtain a valid U.S. patent for whatever what published. A requirement of obtaining a patent is being an original inventor. Other countries are more strict and require that a patent application be filed before any publication takes place, though there are some exceptions. There are some questions open as to exactly what was published relative to what was invented so your friend should seek competent counsel as soon as possible.
Answered on Jul 28th, 2011 at 6:22 AM