Protecting & Declaring Your Idea Internationally

  • Thread starter kandelabr
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In summary, you have a good idea and want to protect it, but you also want to give it out to the public. You should file it with the USPTO first and then give it out as you please.
  • #1
kandelabr
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"Protect" and "idea"

Hello.

So, I have this idea, whatever it is, and I think it would be suitable to file a patent, but I don't want that. I only want to officialy declare this idea mine and then give it to everyone to learn, implement and improve it.

Is there a way to do this internationally? I only want to avoid being sued because I "stole" it from someone etc. etc., I guess you know what I mean.
 
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  • #2


This makes no sense.

You want to protect it but give it out? That's what copyright is for. Distribute it under public license.

Why would you be sued? If you give it out free, unless it is a copy of someone elses idea you won't be sued - and in any case protection won't help you then.
 
  • #3


If you give it out freely it won't be considered yours because someone else will file the copy right on it and take it, and and possibly sue you for trying to take "their" idea... If you really want this thing to spread freely just get it filed away as yours first then you can give it out as you please. Or if you know someone you can trust who could run with the idea that might work also. But generally the idea already already exists you would be amazed to find out how many inventions already exist trust me.

From 1836 to 2009, the United States Patent and Trademark Office (USPTO) has granted a total of 7,472,428 patents

http://en.wikipedia.org/wiki/Timeline_of_United_States_inventions_(after_1991 )
 
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  • #4


The "GNU public license agreement" is one existing way to do this for documents, computer software, etc. Since you only have an "idea" not an actual device, presumably you want to protect a written description of the idea.

Google or Wikipedia will tell you more, and give you a template of the document.
 
  • #5


Idea in general cannot be protected. And even in the small cases in which they can, there exist limits on how much protection will be awarded.

Patents are awarded in different conditions.

Contact a lawyer.
 
  • #6


If all you want is credit for being first to have the idea, you can just publish it yourself on the internet.
 
  • #7


i believe copyright law does not require that any works be registered, tho they can be. the copyright exists from the moment that you create the work.

if you put something in the public domain, then it might subvert attempts to patent it based on prior art.

in other countries, it may still be patentable, tho.
 
  • #8


First, thanks all for the replies.

Containment said:
If you give it out freely it won't be considered yours because someone else will file the copy right on it and take it, and and possibly sue you for trying to take "their" idea... If you really want this thing to spread freely just get it filed away as yours first then you can give it out as you please. Or if you know someone you can trust who could run with the idea that might work also. But generally the idea already already exists you would be amazed to find out how many inventions already exist trust me.

From 1836 to 2009, the United States Patent and Trademark Office (USPTO) has granted a total of 7,472,428 patents

http://en.wikipedia.org/wiki/Timeline_of_United_States_inventions_(after_1991 )

Yes, that's exactly what I meant. How do I get it file? Where?
About the number of patents you mentioned: that was the first thought that crossed my mind. I searched for similar patents like crazy, but found nothing.

russ_watters said:
If all you want is credit for being first to have the idea, you can just publish it yourself on the internet.

Is that enough? Is that a good enough proof?
 
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  • #9


But what do you want out of it?

Publish it first on the internet and there's you proof. If you want money then there are companies that can help you with that.
 
  • #10


No, money isn't what I want.
You mean "publish" like "publish on my blog" or "publish to a magazine or an engineering site"?
 
  • #11


Publish it in a few places, respectable places (here for example) where the date and time of posting is fixed.

This way you have a number of sources confirming the date of your idea - all of which you can't directly influence the time stamp of.

That's all it takes.

I'd say here is a very good idea.

1. You'll get what you want.
2. You'll get constructive criticism from people.
 
  • #12


You're right.

Thanks a lot. I won't be bothering you any more.
 
  • #13


jarednjames said:
Publish it in a few places, respectable places (here for example) where the date and time of posting is fixed.

This way you have a number of sources confirming the date of your idea - all of which you can't directly influence the time stamp of.

That's all it takes.

I'd say here is a very good idea.

1. You'll get what you want.
2. You'll get constructive criticism from people.

It doesn't worth anything . Prior art is tried in a court of law. And an idea does not meet the criterion for prior art.

OP, contact a lawyer.
 
  • #14


russ_watters said:
If all you want is credit for being first to have the idea, you can just publish it yourself on the internet.

Russ is right. Merely publishing your idea, detals and all, establishes it as YOUR idea.

That might not keep the Chinese from copying it (what does), but you'll have sound authority in the U.S. and most of the E.U.
 
  • #15


DanP said:
It doesn't worth anything . Prior art is tried in a court of law. And an idea does not meet the criterion for prior art.

OP, contact a lawyer.
We don't know what form the idea is, but that's besides the point: The OP just wants to avoid being sued for claiming the idea was his. If he publishes it in any form with a verifiable date, he has that proof.

However, I would agree that it would be better to patent the idea because if you don't, someone else might. And while they wouldn't be able to claim they came up with it first, they'd then have control over the idea and it sounds like the OP wants it to be freely usable by all. The only way to enforce an idea as being free is to first own it yourself.
 

Related to Protecting & Declaring Your Idea Internationally

1. What is the first step to protect my idea internationally?

The first step to protecting your idea internationally is to file for a patent in your home country. This will establish your priority date and give you the right to claim the invention as your own.

2. Do I need to file for a patent in every country where I want protection?

No, you do not need to file for a patent in every country. Instead, you can file for an international patent application through the Patent Cooperation Treaty (PCT). This allows you to simultaneously seek protection in multiple countries.

3. How long does the patent protection last internationally?

The length of patent protection varies by country, but typically lasts for 20 years from the filing date. However, some countries may have shorter or longer durations of protection.

4. Can I disclose my idea before filing for international protection?

It is generally not recommended to disclose your idea before filing for international protection. This could potentially harm your chances of obtaining a patent in certain countries that have strict novelty requirements.

5. What is the process for declaring my idea internationally?

To declare your idea internationally, you must file a patent application through the PCT. This will initiate the process of seeking protection in multiple countries. After filing, you will need to go through the examination and approval process in each country where you want protection.

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