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1 Year after public disclosure?

Postby Sexxxy Beast » Mon Jun 21, 2010 12:45 pm

Sexxxy Beast
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Hello,

I have a few questions about the whole year public disclosure that I haven't been able to understand from reading previous posts...

Ive been told that I have a year after public disclosure to file for a patent in the USA.

First: if you publicly disclose your idea, do you forfeit your right for international patents?

Second: If someone saw my idea and wanted to steal it, how would they do so if I havent written any claims?

Third: What is enough proof that you came up with the idea first? Would drawings/photos/description... submitted through the USPS, and a public email account such as Yahoo be sufficient?

Re: 1 Year after public disclosure?

Postby apapage » Tue Jun 22, 2010 12:15 pm

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The US and Canada are the only countries that I am aware of that gives applicants a one year grace period to file a patent application after a public disclosure. The remaining countries require absolute novelty. Before you decide to give up, you must be certain that your disclosure is public. For example, telling friends and family about your invention is probably not public, but showing a prototype at a trade show will probably be public. Whether or not a disclosure is public will be based on the facts and circumstances.

If you showed your invention to someone without having any IP (not just patent) protection, then that person is free to copy your invention. Remember, patents are only one type of IP. There are also trademarks, copyrights, and trade secrets that apply to your product. If after this showing you decided to file a patent application, you will not have enforceable patent rights until the patent issue. After the patent issues, you can assert the patent to stop any copying and for damages.

Mailing an idea to yourself may be evidence that you invented at a certain date, but it is not the best type of evidence. Inventor notebooks are the standard ways to document inventions. Notebooks are typically bound books that are used to record progress in an invention periodically. Each page is signed and dated and (very important) signed and dated by a witness.

Re: 1 Year after public disclosure?

Postby Sexxxy Beast » Tue Aug 10, 2010 1:18 am

Sexxxy Beast
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My patent lawyer told me that if I file for a patent in the US, I have 1 year after filing to file any international patents, and that within that year I can disclose the invention sell it, etc. This is what i have understood it to be, just checking to see if this is correct....

Re: 1 Year after public disclosure?

Postby apapage » Tue Aug 10, 2010 9:28 am

apapage
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Location: NYC
Yes, this is correct.