4 ms·
Incorrect. There is a 1-year ‘grace period’ for an inventor’s own work. And if someone ‘stole’ your idea and tried to patent it before you, there is a process t
by patentatt 6y ago
Incorrect. There is a 1-year ‘grace period’ for an inventor’s own work. And if someone ‘stole’ your idea and tried to patent it before you, there is a process to invalidate it because they derived the patent from your work.
- pbhjpbhj 6y agoI think incorrect is a bit strong, but you're right. ;o) Isn't there another slight proviso, before the USPTO, that a third party disclosure is still a valid prior art citation, in the Grace Period if its source is not the applicant/inventor? Also, outside USA (UK & Aus at least) there are specific international trade fairs that are recognised and disclosure at these gives a sort of grace period similarly to USC grace periods. Like you say, there's account for abusive disclosure in various laws; also more countries accept grace periods for utility model patents than do for regular patents AIUI. This is the problem with reducing complex laws to broad brush advice, lack of vital nuance; there's lots of geographic variation too.