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When you make a public disclosure (this includes things like "releasing a product that uses that method", fwiw), that starts a countdown clock [1]. When that cl

When you make a public disclosure (this includes things like "releasing a product that uses that method", fwiw), that starts a countdown clock [1]. When that clock reaches 0, that disclosure is now prior art, and anyone who files for a patent after that point is unable to get a patent for that method. Sufficiently old public disclosure invalidates any patent, independent of any filing system for patents. First-to-file and first-to-invent are instead what happens if you get two different people who try to file for a patent before that point. In a first-to-invent system, there's an adjudication process that's going to look at all of the internal records to figure out who "invented" the process first (which, in the absence of evidence, is going to default to the first person to file anyways). In a first-to-file system, the first person to get their paperwork in the door is going to get the patent. This doesn't mean that an unscrupulous person gets to look for public disclosures and rush their own patent applications to beat out the original inventor. You still need to demonstrate independent conception of the idea (although this would likely only be demonstrated in the context of an actual trial). [1] I don't remember it's length, but I want to say it's like a year.

querk44 2y ago
A public disclosure becomes prior art as of the date it is made public, with no "countdown clock" in most jurisdictions. For example, if you publish a blog article on July 1 describing your invention X, it can serve as prior art for any patent applications claiming invention X with an effective filing date after July 1. There are nuances however with prior-filed patent applications. While such applications are not immediately public, once they are published (typically 18 months after filing), they become prior art retroactively, as of their filing date. Even if a person independently conceives of a patentable idea, they shouldn't be able to get a patent for it if there exists prior art (although it obviously happens sometimes because the patent examination process isn't perfect).
pclmulqdq 2y ago
> This doesn't mean that an unscrupulous person gets to look for public disclosures and rush their own patent applications to beat out the original inventor. You still need to demonstrate independent conception of the idea (although this would likely only be demonstrated in the context of an actual trial). IPRs and PGRs can also be used for this, and are cheaper than doing it at a full-blown trial.
rostigerpudel 2y ago
That one year grace period is specific to the US and does not apply in most other countries. So by publishing your invention before filing a patent application you create prior art that will stand in your way in most of the world.
zvr 2y ago
I don't think the one year "countdown clock" is valid any more, but IANAL and if you really want to know, consult a patent attorney.

querk44 2y ago

A public disclosure becomes prior art as of the date it is made public, with no "countdown clock" in most jurisdictions. For example, if you publish a blog article on July 1 describing your invention X, it can serve as prior art for any patent applications claiming invention X with an effective filing date after July 1. There are nuances however with prior-filed patent applications. While such applications are not immediately public, once they are published (typically 18 months after filing), they become prior art retroactively, as of their filing date. Even if a person independently conceives of a patentable idea, they shouldn't be able to get a patent for it if there exists prior art (although it obviously happens sometimes because the patent examination process isn't perfect).

pclmulqdq 2y ago

> This doesn't mean that an unscrupulous person gets to look for public disclosures and rush their own patent applications to beat out the original inventor. You still need to demonstrate independent conception of the idea (although this would likely only be demonstrated in the context of an actual trial). IPRs and PGRs can also be used for this, and are cheaper than doing it at a full-blown trial.

rostigerpudel 2y ago

That one year grace period is specific to the US and does not apply in most other countries. So by publishing your invention before filing a patent application you create prior art that will stand in your way in most of the world.

zvr 2y ago

I don't think the one year "countdown clock" is valid any more, but IANAL and if you really want to know, consult a patent attorney.