12

There are a few issues hidden in your question. I'm first going to write about whether these postings create prior art. Next, I'll write about whether a suggestion from a third party alters inventorship. Prior art and online postings: Public discussions create create prior art. If done in a public online written forum then the postings will count as "...


8

Note that as of March 2013 (for apps filed after then) these rules change in the US; there is still a one-year grace-period -- but only as to your own disclosures. If someone else publishes the concept (or something that would make your invention obvious) before you file then you are (probably) out of luck.


8

In the United States, for any invention you have 1 year to file: 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent. A person shall be entitled to a patent unless — (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 ...


5

Three part answer: (1) Grace Period: The inventor's own pre-filing disclosure (or other disclosures stemming therefrom) will not invalidate the later-filed application so long as it is filed within the one-year deadline. This is true even when the disclosure is very public and without any claim-to-patent-rights made in the disclosure. One major caveat is ...


3

A good option for you is to file a provisional patent. It costs a few hundred bucks ($250, or $125 for a "small entity") and can be as informal as you like. It could even be the exact same description you put on your Kickstarter page. However, note that whatever is in the provisional application limits what you can "claim priority to" later, so you want it ...


3

To obtain a patent for an invention, it should pass through various toll gates such as a)Novelty b)Obviousness c)Enablement d)subject matter and e)Industrial application. In order to overcome the novelty criteria, the invention should be new.It should not be available in the public domain prior to filing for a patent.Such law relating to novelty is ...


2

An answer to the question in your title is at How do others' publications during the grace period hinder patentability? As interpreted by the USPTO the provisions for a grace period in the AIA protects the content of the inventor's publications (during the 12 month period) from being used against them on a very literal basis. Anything from a third party ...


2

I'll try to clarify. Under the AIA first to file system, the effective filing date of the pending application is important for figuring out what is in the prior art. The law (35 USC 102) is now set up such that it broadly defines the class of prior art and then carves out specific exceptions that can be used to disqualify references (publications or patent ...


1

Either a provisional or a non-provisional application can be used. But remember, any application is only as good as what it contains. If you take "provisional" to be "very sparse on depth and breadth" then it may not do the job. But it isn't the difference between provisional and non provisional, it is the difference between a complete discourse and a poor ...


1

It always did until the AIA law went into effect. Now the law says: " PRIOR ART.—A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention;" If the italicized phrase ...


1

Interesting question. “Only an offer which rises to the level of a commercial offer for sale, one which the other party could make into a binding contract by simple acceptance (assuming consideration), constitutes an offer for sale under [35 USC] §102(b).” Group One, Ltd. v. Hallmark Cards, Inc., 254 F.3d 1041,1048 (Fed. Cir. 2001). However, “[i]t is not ...


1

In the past this would be a public use and maybe a public commercial use even if no information was determinable from the outside. The AIA law probably changed this so a "non-informing use" doesn't start the clock. Until a few cases get to court it is not 100% clear.


1

Generally speaking, there is no such thing as a "patent on a product" (with the exception of design patents and the like). Rather, individual aspects of technology can be patented. Such a patentable aspect has to solve a technical problem using a technical solution to cause a technical effect. Generally, one cannot obtain a patent for instance on the overall ...


1

You can also file a defensive publication. This creates prior art and makes it so other people can't patent. Downside is that if you do this prior to filing any provision patent applications you cannot file for a patent. Check out ip.com or http://www.defensivepublications.org/


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