In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this give him a right for claiming in the future?
For example, someone publishes an invention (whether announcement, idea, report, etc) in a media (newspaper, magazines, journals, etc) with no intention to file a patent. Then, someone else simply file a patent for that invention. Can the first person claim and file patent for his own discovery? Or the winner is always the first application received at the US Patent Office?
The article 35 U.S.C. 102 Conditions for patentability
states that patentability needs novelty, and the inventor file a patent within one year. Does this mean that after one year, someone else can modify it and add some content to submit an application for his own.
In general, I am asking if other media (not official patent) can be used for claiming an invention (e.g. at court) or only who have patented are protected?
In other words, does USPTO wish/try to ideally/legally grant a patent to its real investor, or simply the first claimer is the legal owner (no matter who has actually invented).
Case 1
: I had an invention but someone else filed the application before me, does this "patent protection" protects me from future claim, or I can claim that I was the actual inventions, as have evidences in published materials.Case 2
: someone has invented something and reported (instead of filing a patent). If I patent the invention for myself, does this hinder the actual inventor from any claim (as I was the first who officially patented).