Protecting & Declaring Your Idea Internationally

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Discussion Overview

The discussion revolves around the challenges of protecting an idea internationally while also wanting to share it freely. Participants explore various methods of declaring ownership and the implications of doing so, including the potential for copyright and patent protections.

Discussion Character

  • Debate/contested
  • Conceptual clarification
  • Exploratory

Main Points Raised

  • One participant expresses a desire to declare an idea as their own while allowing others to use it freely, questioning how to achieve this internationally.
  • Another participant suggests that copyright might be more appropriate for protecting the idea if it is distributed freely, arguing that protection is unnecessary if the idea is not a copy of someone else's work.
  • Concerns are raised about the risk of someone else claiming the idea if it is shared without prior protection, with suggestions to file for copyright or patent first.
  • Some participants mention that ideas in general cannot be protected, and that patents have specific conditions for granting protection.
  • Publishing the idea online is proposed as a way to establish proof of ownership, with emphasis on using reputable sources to timestamp the publication.
  • There is a discussion about the limitations of prior art in legal contexts, with some participants advising the original poster (OP) to consult a lawyer for tailored advice.
  • One participant notes that while publishing may provide some proof, it does not guarantee protection against copying, especially in jurisdictions with different laws.

Areas of Agreement / Disagreement

Participants express differing views on the best approach to protect the idea while sharing it. There is no consensus on whether copyright, patenting, or publishing is the most effective method, and the discussion remains unresolved regarding the best course of action.

Contextual Notes

Limitations include the lack of clarity on the specific nature of the idea and the varying legal frameworks across different countries regarding intellectual property. The discussion highlights the complexity of protecting ideas and the potential for misunderstandings about ownership and rights.

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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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.
 


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 )
 
Last edited by a moderator:


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.
 


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.
 


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


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.
 


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?
 
Last edited by a moderator:


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.
 

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