QUESTION
In the US, if I publicly disclose my invention on the internet, can someone else patent it?
Asked on Nov 24th, 2019 on Intellectual Property - Wisconsin
More details to this question:
I'd like to make sure my understanding of how the US's first to file system and its grace period work together is correct. If I publicly disclose my invention on the internet, through a YouTube video for example, I now have a 1 year grace period in the US within which I can file for a patent. During that 1 year, a 3rd party cannot get a patent based off of my public disclosure. My public disclosure counts as prior art for the 3rd party. Is that correct?
1 ANSWER
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Yes, the third party cannot apply for a patent based on your public disclosure. You have one year to apply for a patent from the date of disclosure. Best of luck.
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Answered on Dec 14th, 2019 at 8:24 PM