One question to all!
I am watching some DIY forums and see how many creative peoples store there ideas in such forums.
But now I see in other forums a discussion about a company how patented a idea from the DIY Szene 1:1.
So my question ist, is that way really possible?
No it is not. If an idea is in public discussion with description, it can not be patented any more.
But some companies do that.
Because there knowing exactly that most of that people’s from the DIY Szene habe no Monet for a Long Prozess.
It was in my office when I came across that forum, when I find it again, I will post the link.
I am an IT Specialist. In the Software Development exist Open Source and License like that: https://www.dev-insider.de/index.cfm?pid=14953&pk=1223233&type=article&fk=604458
Can be good when we are saved also with such Licenses
If you can prove the patent content / idea was publicly known before the patented date, you can can make it obsolete. It migh even happens with petition sometimes.
In Canada I believe you can do a patent pending and have up to one year to get a proper patent.
In some countries the same applies to a public disclosure, you have one year to file for a patent.
I think but am not sure it varies by country
Most often its first to file for a patent that has the best odds of owning the IP.
You can absolutely not patent anything that has been made public. All those youtube comments saying you should get something patented are useless. The patent offices from around the world do research weather your application is in fact new and worthy of protection. If they make a mistake, it will void the patent later.
North American you have 1 year from public disclosure to file although you can no longer get a patent anywhere else outside of U.S or Canada. I absolutely know this as I have a couple.
I didn’t know that exception.
Is that from when you disclose it, or from when anyone discloses it. Ie can someone patent something else that someone has publicly disclosed but not decided to patent?
@ nice2cu : There is not much to patent on an e-foil. as you probably know, a company from salzburg secured its rights a few years ago. but has realized that it makes no sense to do it worldwide because you are helpless against the trading markets from china. It makes more sense in your country or neighbour countries if you want to apply for so-called utility model protection ( Gebrauchsmusterschutz / kleines patent ) or if there is a “community design pattern” ( gemeinschaftsgeschmacksmuster ). I myself have gebrauchsmusterschutz for Germany in airsport and I have community designs for Europe for some of my products ( stucco profiles etc.) that i produce in my company. now i do something more defensive puplications to protect my copyright, as an example for my current propellers for e-ppg with integrated turbulators. cost no Money.
I believe someone else could patent it during that year were they able to show proof they had implemented the idea or were developing it prior to your public disclosure, but you definitely can’t just patent someone else’s idea once they have made it public. It’s a great tool for the small guys who don’t have the money to patent everything and want to test the market first.
Design patents are a really good way to protect yourself some what. They’re pretty easy and cheap to do and you can say patented.