Timeline for What happens if I come with an idea that was already patented?
Current License: CC BY-SA 3.0
7 events
| when toggle format | what | by | license | comment | |
|---|---|---|---|---|---|
| Dec 31, 2016 at 12:29 | comment | added | Eric Nar See So | @denniscrouch is there a way to find out if my idea is infringing before developing it? | |
| Oct 23, 2012 at 16:23 | comment | added | m3lvn | Just being Open Source doesn't mean it's published. I could slap a Creative Commons license on a script I wrote and keep on my hard drive, which makes it Open Source, but certainly not published. To be published, it needs to be available to the relevant public. Posting the code on GitHub, for example, would probably work, as long as someone with expertise in the area would be able to find it if they looked. | |
| Oct 23, 2012 at 14:05 | comment | added | Christian Vielma | Thank you @DennisCrouch, but what do you mean by publishing my work? If I develop an Open Source system, for example, I will be able to avoid lawsuits from patent holders? | |
| Oct 22, 2012 at 19:28 | comment | added | Dennis Crouch | Fairly complex question with a partial answer. If you developed it first then you may be able to invalidate the patent, but the burden of proof is heavy. In most cases where someone says they have evidence of prior invention, it turns out that they do not have sufficient evidence. There is a change in the law with the new First-to-File system. Under the new system (being implemented in 2013) the invention date will be largely irrelevant. In both systems, the best way to protect yourself against someone else's future patents is to file your own patent application or else publish your work. | |
| Oct 22, 2012 at 17:52 | comment | added | Christian Vielma | What happens if my records show that I developed it before? (even if I didn't patented it) | |
| Oct 22, 2012 at 15:56 | comment | added | Dennis Crouch | A relatively small number of patent lawsuits involve direct copying. Rather, most are like yours where someone develops a product and later figures out that they are infringing (usually after receiving a severe letter from the patent owner). | |
| Oct 22, 2012 at 15:16 | history | answered | m3lvn | CC BY-SA 3.0 |