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I don't think that's the case: an unpatented invention (that is disclosed) becomes prior art, which protects the invention from being patented by someone else.
by unchocked 10y ago
I don't think that's the case: an unpatented invention (that is disclosed) becomes prior art, which protects the invention from being patented by someone else.
Theoretically. The US patent system is a mess, from the rubber-stamp examiners in DC to the ridiculous judges in East Texas.
- refurb 10y agoI don't think that's the case: an unpatented invention (that is disclosed) becomes prior art, which protects the invention from being patented by someone else. If an unpatented invention is disclosed publically (not through a patent application), then it becomes public domain and nobody can patent it. Also, the US is no longer "first to invent", but rather "first to file". You could have a claim that you invented it first, but if someone files before you, you are SOL.