QUESTION

In the US, if I have an invention I do not want to get a patent for, how do I publicly disclose it so someone else cannot get a patent for it

Asked on Nov 24th, 2019 on Intellectual Property - Wisconsin
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If I have an invention that I want to immediately go into the public domain (become prior art) when I show it to the public, how should I publicly disclose it so someone else cannot get a patent based off of my public disclosure? Is disclosing my invention through a YouTube video or a social media post enough for it to count as prior art for a 3rd party, blocking them from getting a patent? I'm considering making my invention open-source so anyone can use it and build off of it, and I'd like to know the best way to disclose it so someone else cannot come along and patent my idea.
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1 ANSWER

Immigration Attorney serving Lake Mary, FL at IP & Immi Navigation LLC
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When something becomes available to the public either through implicit or explicit disclosure, then it becomes part of the prior art for patent purposes. The disclosure can be a publication for everyone to access on a webpage, technology-related journal publication, or otherwise available to the public. See 35 U.S.C. § 102(a)(1). Therefore, any of the above public disclosures or other means may make it part of the prior art.  Even though you want your invention to be open-source, you can still financially incentivize it in the form of intellectual property licensing. If this is open-source software, then you can license your software for free as long as the non-exclusive licensee (that is a user of license) complies with the terms of the license. Many open-source software providers are highly successful by licensing. Consult an intellectual property attorney for licensing your open-source work. Disclosure: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/
Answered on Dec 14th, 2019 at 7:25 PM

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