Patent and Invention Help Forum

Confused about universal novelty. Can i use publication to protect invention?

jake

I am researching the patent system and i have stumbled upon one of the most important factors of the patent system. novelty. I understand that i can not file a patent on something that has already been publicized and is prior knowledge. A certain scenario came to mind. lets say i create an invention, then file the provisional patent. and lets say the invention is so revolutionary that i publicize it right afterwords and it is printed in multiple articles around the world. So does this mean that no one can file a patent on the idea because it now has novelty? Even after the one year grace period expires for the provisional patent? why would i even bother getting an international patent, if i am completely protected by novelty? Thanks!  ;D
« Last Edit: December 12, 2018, 09:23:57 AM by Brad »

Brad

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The answer depends on what you mean by "protected".


Yes - publishing your invention should stop other people from getting their own patent on the same idea, but, if you don't have your own patent you cannot stop them from making or selling the idea themselves.


The only way to stop people from copying you and stop them from making or selling the same product is to file your own patent and go through the patent approval process.

If you only care about stopping others from getting their own patent and don't really care if other people make or sell the product than you can skip the patent process and just publish the work. 

My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

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