Hi Everyone!
I am happy to answer questions from clients and potential clients. However, if you would like to ask a general question that is publically posted, the United Inventors Association has a forum called “Ask a Patent Attorney“. Beware, that you may get some answers that are incorrect, and you should not disclose information about your invention that could be construed as a ”public disclosure”.
I am interested in intentionally creating proir art to invalidate future patents by publishing my inventions and those of like minded people.
This is in the spirit of the “copy left” concept… But for patents. It seems that it may not be as easy as the public domain copyright
Since publishing an invention could prompt someone to steal the mention and claim they invented it days before publication, and they could then apply for a patent the following month… So my questions are 1) am I reading the latest law on prior art correctly ? 2) can you recommend another way to solidly move my inventions into the public domain without obtaining patients on them?
If you believe that you could assist in this how much would a consultation cost that included a workable strategy to achieve my objectives?
Normally, under the America Invents Act (AIA), the first inventor to file a patent application gets the patent. However, the novelty provision of the AIA will change to create an absolute bar to patentability if the claimed invention of a patent application was “patented, described in a printed publication, or in public use, on sale, or otherwise available to the public” anywhere in the world before the patent application’s effective filing date. So, depending on where you “publish” your invention, it may be considered a printed publication that will be an absolute bar to others trying to obtain a patent on that same invention. Please give me a call to discuss specifically how I may assist you.