first to use idea publicly but no patent yet? can patent later?

Question

if i use a idea publicly but have not patent it, can anyone else patent it? or if i patent it later is it still effective?

Answer 1

It depends where you are in the USA or outside.

In the USA the rule is the first person to invent in the USA has the patent rights in the USA. Outside the USA the first person to file their patent application is the owner of the patent rights.

Also, and more importantly, inventors in the US have one-year grace period to file for US patent from the date they either first offer to sell their invention or show it to the public.

Unfortunately small inventors outside the USA do not have these luxuries. They need to keep their invention secret until they file their patent application.

Answer 2

The answer is in your question itself. By publicizing mere idea is not enough unless you publizise your invention before applying for patent. If you do so, you may still get patent protection in the jurisdictions where patenting is based upon first inventing like US but in many other countries like India the patent protection is granted on the basis of first filing. In this case anybody can get your invention patented in his name by filing first.

Answer 3

Everything is already answered in Marks' response just above!
Even if you live in the US, you may seek patent protection abroad. Then you have to patent your invention prior divulgating it. To postponed most of the cost you may want to only fill a provisional patent application.

Answer 4

Or patent leather... lol
Anyhow, yes you can do it later provided you have DATED documentation

Answer 5

do not ought to, because of the fact we've laptops and blackberries, yo. inspite of the undeniable fact that, it would be obtainable to have a doodle hicky to apply to hold one or the different of those around your neck on an identical time as you bypass.