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I'm not worried about someone stealing my idea. I'm more on the side of putting together a tech incubator/co-working space in my local community. It's gotten

I'm not worried about someone stealing my idea. I'm more on the side of putting together a tech incubator/co-working space in my local community. It's gotten quite a bit of traction and the IP lawyer was speaking at an event the we were hosting. Since he brought up that, "public use" or making the information "Known". The part that was new to me was that the "one year grace period" apparently no longer exists! So, according to him, it was implied that if were working out of open-floorplan co-working ideas that we're pushing, you would have essentially contributed you inventions to the public domain and couldn't file a patent on it (since the 1 year grace period no longer exists). This information struck me as an important thing that anyone working in a shared workspace should know & that perhaps have already worked out. Hence, reaching out to HN. Here's the info of the lawyer who did the presentation: http://www.hctlaw.com/pages/professionals/stephen-c-thomas-esq/ http://www.hctlaw.com/pages/professionals/stephen-c-thomas-e...

shawnreilly 13y ago
First off, Congrats on starting your own Co-Working space. That's no easy task, and I commend you for building the startup ecosystem in your area. I see where you're coming from, you want to protect all the people that use your co-working space. Regarding the one year grace period, I should just state that Mr. Thomas (the IP lawyer) undoubtedly knows more about Patent Law than I do. But I think the question should be explored further, because I do not really agree with that insinuation. I should also consider that I was not there, and thus don't want to presume anything (I dont know what was said). I think the best way I can help is just to explain my own understanding of how the AIA (America Invents Act) impacted the grace period, and let you decide (or correlate with your own research). From what I understand; Previous to the AIA, the grace period applied to "all disclosures", meaning that the invention could be disclosed by someone (or some entity) other than the inventor, and still be considered a Publication for the inventor. After the AIA, the grace period only applies to the inventors own disclosures, which means the inventor must disclose the invention himself/herself for it to be considered a Publication. Hope this helps!

shawnreilly 13y ago

First off, Congrats on starting your own Co-Working space. That's no easy task, and I commend you for building the startup ecosystem in your area. I see where you're coming from, you want to protect all the people that use your co-working space. Regarding the one year grace period, I should just state that Mr. Thomas (the IP lawyer) undoubtedly knows more about Patent Law than I do. But I think the question should be explored further, because I do not really agree with that insinuation. I should also consider that I was not there, and thus don't want to presume anything (I dont know what was said). I think the best way I can help is just to explain my own understanding of how the AIA (America Invents Act) impacted the grace period, and let you decide (or correlate with your own research). From what I understand; Previous to the AIA, the grace period applied to "all disclosures", meaning that the invention could be disclosed by someone (or some entity) other than the inventor, and still be considered a Publication for the inventor. After the AIA, the grace period only applies to the inventors own disclosures, which means the inventor must disclose the invention himself/herself for it to be considered a Publication. Hope this helps!