Is an idea placed in the public domain protected from patent.

Question

I'm working on a number of different software ideas culminating in our product release later this year. Some of our ideas appear unique (nothing on Google, in the books etc), but I don't want the hassle or expense of a patent. In fact the opposite I'd like to make sure anyone else (large corporation name here) can't take my idea, reverse engineer it and then apply for their own patent protection.

The question is this, by placing a description of an idea into the public domain now, will that prevent someone else patenting it or claiming it as their IP later.

This question was initially sparked by the SO discussion here. I'm happy with the idea that we're techs so our legal knowledge is as good as most lawyers coding.

Answer 1

[IANAL]

Proceeding without a patent, you can claim prior art, invalidating anybody who comes along later trying to patent the same idea, but you can't prevent them from using the same idea.

And patent or not, I don't see any way to prevent [insert name here] from taking your idea and reverse engineering it. All you gain with a patent is some measure of control over what they do with it.

[edit]

Wikipedia has a page on prior art. In the US, your idea only counts as prior art if you actually try to do something with it. Just "putting it out there" appears insufficient.

Answer 2

What my dad used to do with various works, it write whatever your idea is down on paper, and mail it to yourself. Don't open the letter.

That sealed envelope is marked with the date (when the post office cancels the stamp). Combined with the fact that you'll be actively using your idea, that's generally proof enough that you didn't steal it from someone else.

Answer 3

By publishing your idea where others can see it, it becomes prior art. In theory, this prevents people (including you) from patenting it, so it will achieve your goal.

In practice, information isn't always easily found. If someone else comes up with the idea, they can try to patent it. If none of the Patent Office employees finds your publication of the idea, the patent may be granted.

Then if someone ELSE comes along, sees your idea and tries to copy it, then the patent holder may come along and rattle their swords, demanding recompense. If the innocent party can show that your prior art was published first, which means that they don't need to pay anyone except the expensive lawyers it will take to prove that!

Of course, there is a risk that you weren't the first person with this idea, and that a patent is already in the process of being filed, in which case, the patent holder wins.

Now, how do I get an "IANAL" badge on SO?

Answer 4

The idea not only has to be out there, it has to be somewhere that a patent office clerk will discover it and use it to deny a future patent attempt. If someone gets a patent and then sues you, you'll go broke trying to defend yourself even if you're in the right.

Answer 5

The advice here is generally good, I will just add the useful website: www.bustpatents.com and Greg's very interesting Internet Patent News Service

Answer 6

I spoken to a few patent lawyers in the past. Generally, if it's in the public domain, it can't be patented. This includes you. If you're goal is just to prevent someone from getting a patent, this may work.

However, you should speak to a lawyer, you might want to seek a patent for defensive purposes (aka, prevent anyone else from getting it).

Answer 7

Idea's are not patentable at all, for any reason, at least here in the U.S.A. (Some of the big Corp's, say IBM, are trying to change this, but that is a different discussion.) Think about the horror if someone was able to patent say a mathematical concept. Who is going to sue the universe and tell it that it can no longer use the formula for gravity.
I say this tongue-in-cheek only please.
On the other hand, write the code and copyleft it. It does not patent it, but anyone can use the code. But that is another question entirely.

Answer 8

Disclaimer: I am not your lawyer, and this is not to be construed as legal advice.

A person shall be entitled to a patent unless - (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent, or (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States

See, 35 U.S.C. 102

So, if you released something to the public domain, no one should be able to patent that exact invention.

Answer 9

IANAL But: In the UK at least, concepts or paper ideas are not patentable. For instance, I can't patent a plane that travels at the speed of light and wait for someone to build it (as if) then claim it was my patented idea and claim a few royalties from the builders. Only demonstrable, practical, deliverable methods, devices, gadgets can be patented. The pataent office may ask for a demonstartion if the examiner feels it necessary. This is perhaps why 'methods for doing business' are such a gray area and generally not patentable.

If you want to establish publication date/priority date, publish a notice in a leading national newspaper and/or ask a established notary to seal a signed/witnessed note to that effect.

Answer 10

You can look into filing for a Statutory Inventor Registration. See MPEP s.1103 and s.1107.

You can also just file a non-provisional patent application (total filing fees for a small entity will be about $550.00 USD) which will be published after 18 months. At that point, you can just abandon the application, and it will be considered as prior art.

(FYI: I'm a registered patent attorney who's trolling through these boards looking for help on my iphone application!)