Discussion:
What is the name of your state? texas
i would like to know if a lighting device that i noticed over a year ago is public property? as i was thinking about manufacturing them and was wondering if i need to patent.
these devices have been made by numerous people but basically they are all alike. i have seen dozen of copies for over a year. however, i have never seen a commercial version.
i was thinking about producing it and test marketing it.
i understand, if an invention has been around for over a year it becomes public property.
thank you for your help,
paul
Answer:
i understand, if an invention has been around for over a year it becomes public property. And from where do you understand this?
I have to know what you were smoking to come to this conclusion.
Answer:
i found this information on several web sites that provide information about patents.
Answer:
Then look elsewhere.
Maybe try the U.S. Patent Office at -
Answer:
thank you for the suggestion. i found the same infromation about an invention being the public domain for more than a year.
below is a qoute from the us patent office web site.
"novelty and non-obviousness, conditions for obtaining a patent
in order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or “(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 one year prior to the application for patent in the United States . . .”"
i feel that the above infromation would preclude a patent being filed on this device. if a patent was filed and and then the product produced and taken to market the other users of this device could come forward and claim that it had been in use for over a year and there it is a public right to make and sell it by anyone.
what do you think?
Answer:
[quote]Originally posted by phill
[b]What is the name of your state? texas
i understand, if an invention has been around for over a year it becomes public property.
**A: then I'd like to claim the motor engine, elevator, spacecraft, nuclear energy and jet plane as my own.
Answer:
i guess you or anyone else could claim it. That's just it a claim. since i asked the question, i've found on the us patent office web site that if a device has been in use by the public for over one year that it is not patentable.
this specific device has been in existence for sevearl years.
Answer:
Originally posted by phill
i guess you or anyone else could claim it. That's just it a claim. since i asked the question, i've found on the us patent office web site that if a device has been in use by the public for over one year that it is not patentable.
this specific device has been in existence for sevearl years.
Answer:
Originally posted by phill
i guess you or anyone else could claim it. That's just it a claim. since i asked the question, i've found on the us patent office web site that if a device has been in use by the public for over one year that it is not patentable.
this specific device has been in existence for sevearl years. **A: what period of elapsed time is sevearl years?
Answer:
i'm not sure what you mean. myself and my wife observed a group of shirners using this device last year at this time.
I do believe that this device is in common use by the public. i'm now trying to see if indeed it has appeared in a publication. as if it has it would surely disqualify it for a patent.
i think the main reason it has nevered been patent is because of the group of people that use it (kind-of-do-it-yourselfers). however, it would be a reasonable item to manufacture for all those people taht are not do-it-yourselfers. i thnk if these devices could be produced cheap enought that no one would make them anymore.
Answer:
The one-year statutory bar to obtaining a patent no longer matters if the inventor of the light filed for a patent within one year of it becoming public. As long as the patent is filed (not obtained -- just filed) within that first year after being made public, then it doesn't matter how public the invention becomes later -- if the subject matter of the invention is otherwise patentable, then a patent will be issued.
It doesn't matter if everyone in America is already using it -- if a patent has been (or will be) issued, then it is patented,and is not "public domain." Once a patent issues, the information is public, since patents are public record, but the patent holder can control the manufacture or sale of any device that infringes on the patent. Patentable subject matter only becomes "public domain" -- which means anyone in the public is free to use, manufacture or sell -- once the patent expires, which is 20 years from the filing date of the patent.
If it has been in the public for more than a year and no patent was filed for within the first year, then you are right, it cannot be patented. But a patent may have been filed and be in the works -- you could check the USPTO website to see if there is a public application pending, but not all applications are open to the public.