ANTI post. I am not selling anything. I want to prevent the big tech hoging my concept

[brandnewb]

So ladies and gentlemen,

I just found a marvel concept.

But before I go public I need to make sure how to keep the clutches of companies away.

If I post publicly about my findings yet have never filed for a patent can then some random dude / corp take it and patent it?

Or should I first patent it and then make it open source. So that no corp can ever go commercial on it?

 

[upnorthandpersonal]

If I post publicly about my findings yet have never filed for a patent can then some random dude / corp take it and patent it?

Any public disclosure of an idea/concept means you invalidate the patent-ability of said idea/concept. There are some technicalities in different markets (first to file etc.), but that's the gist of it.

If it's open source, anyone can take the idea and go commercial - that's how companies like Red Hat started. If you don't want anyone to use it in any commercial setting, don't share it. Even if you have a patent, you still have to defend it (and that's a lot of money) and you need to patent it in multiple regions (and that's also a lot of money). Then you have to maintain the patent, and that's also expensive.

 

[brandnewb]

If you don't want anyone to use it in any commercial setting, don't share it.

But then humanity will not progress. I will dive more into the subject matter. Thank you for the input thus far

 

[justgary]

I am not a patent lawyer, but my understanding is that in the U.S. you get one year from public disclosure to file a patent claim.

 

[A.Justice]

Any public disclosure of an idea/concept means you invalidate the patent-ability of said idea/concept. There are some technicalities in different markets (first to file etc.), but that's the gist of it.

If it's open source, anyone can take the idea and go commercial - that's how companies like Red Hat started. If you don't want anyone to use it in any commercial setting, don't share it. Even if you have a patent, you still have to defend it (and that's a lot of money) and you need to patent it in multiple regions (and that's also a lot of money). Then you have to maintain the patent, and that's also expensive.

And even after all that, it's very likely that a Chinese company will rip the idea off at some level, patents or not.

 

[brandnewb]

I am not a patent lawyer, but my understanding is that in the U.S. you get one year from public disclosure to file a patent claim.

Can you please rephrase? I am not following at the moment

 

[brandnewb]

And even after all that, it's very likely that a Chinese company will rip the idea off at some level, patents or not.

Ripping off hmm sure good point. But would that matter if the ripping off of is open source to begin with?

 

[brandnewb]

Any public disclosure of an idea/concept means you invalidate the patent-ability of said idea/concept. There are some technicalities in different markets (first to file etc.), but that's the gist of it.

But has not this statement said it all?

 

[brandnewb]

@toms btw, although I love having people laugh crying at my thoughts. Might you be man enough to also explain what made you do so?

 

[brandnewb]

But then humanity will not progress. I will dive more into the subject matter. Thank you for the input thus far

Finally I understand.I have worded it all wrong to begin with.
But I am not worried about companies wanting to use said concept commercially, As long it is free for anyone to also use it.
Sure come company might think "hey, lets make is easy and lessen the DIY aspect of it and sell it as components"
That all should be perfectly fine

I am fighting against the machine that's all

 

[upnorthandpersonal]

If I release something as open source, or an open design, or whatever new invention, it's open and out there. No need to patent it. Anyone can use the idea and no one can patent (except you, in certain jurisdictions like the States.) A patent serves as a tool to give an individual or company a certain amount of time to have sole proprietorship of the technology so they can use this to make money without the competition able to use the same tech. In return, once the patent expires, everyone has access to the details on how it works. This is contrary to a trade secret, which is owned by a company, never disclosed, and can get lost.

So, release something out in the open, and everyone can use the idea - no secrets, no patents.

 

[upnorthandpersonal]

And even after all that, it's very likely that a Chinese company will rip the idea off at some level, patents or not.

Depends on the technology in question. Some of it is so specific to a certain market or application that it doesn't matter what the Chinese do. Case in point: my recently granted patent.

 

[justgary]

Can you please rephrase? I am not following at the moment

You can file a patent claim up to one year after public disclosure in the U.S. I would not disclose until after the patent application, and I would also document the timeline of the invention with dated notes. Keep a notebook and put your thoughts and findings in it. Date each entry.

 

[upnorthandpersonal]

You can file a patent claim up to one year after public disclosure in the U.S.

Yes, in Europe it's 6 months.

 

[brandnewb]

You can file a patent claim up to one year after public disclosure in the U.S. I would not disclose until after the patent application, and I would also document the timeline of the invention with dated notes. Keep a notebook and put your thoughts and findings in it. Date each entry.

even though when it is obvious the one filing the patent has nothing to do with the source of the concept?

 

[houseofancients]

So ladies and gentlemen,

I just found a marvel concept.

But before I go public I need to make sure how to keep the clutches of companies away.

If I post publicly about my findings yet have never filed for a patent can then some random dude / corp take it and patent it?

Or should I first patent it and then make it open source. So that no corp can ever go commercial on it?

release it under a copy-left license :

Copyleft - Wikipedia

en.m.wikipedia.org

 

[justgary]

Generally you have to list everybody involved in working on it. If you didn't think of the original idea, you may still be able to patent any novel improvements that you made to someone else's idea.

 

[brandnewb]

Yes, in Europe it's 6 months.

this is what is still one of my dark spots. I am going to have to take it slow it seems

 

[brandnewb]

Generally you have to list everybody involved in working on it. If you didn't think of the original idea, you may still be able to patent any novel improvements that you made to someone else's idea.

that list be very short. but one name

 

[brandnewb]

sure many great minds have been feeding me to get to a point in where I could make such a discovery. But is that relevant you think