Is it relevant, when applying for a patent, whether I have told anyone the idea already?

Question

I have an idea for a computer program/system that achieves very specific ends. I've searched for the last year for an existing program to use with no luck. It occurs to me, as I'm thinking of investing in a bespoke program, whether I should patent the idea.

I read on ipo.gov.uk/patent that it's important not to have told anyone about a patent you are about to file.

During searching and developing the idea, I've emailed a few people on the internet to see if they can help (With no replies, obviously too busy for little me). I've also talked to 2 developers in varying detail about the idea.

How might my prior communications affect a patent request or enforcement thereof?

One of the developers and people I've emailed are in business indirectly related to my idea but one is BLATANTLY in the same game, maybe even competition.

Not sure how to procede as I've basically given the idea to a potential competitor before the date the patent would be filed.

Any help from Pro's/experienced?

Another thing: How much does the cost tend to add up to? I've seen a few scary figures on the downloads page for the various forms involved.

(Don't want to be rude but please, only answer if you have some professional experience of patents, thanks)

Answer 1

Why are you listening to others whe the idea is yours!! Send the Patent to your address by a registered letter and file you patent you might be supprised at the results

Answer 2

You have come up with a few technical problem of patenting. I must say I cannot answer all of them.

Question you need to talk to a professional is you may be able to patent an algorithm, and once that algorithm is in public domain (Like all the different sorting method), you can protect your program source by copyright. Patent and copyright are two different things.

Now, about prior disclosure. First of all, if you voluntarily provide information to the public, like publish your idea in a professional journal or put it on the web, or offer to sell (if it is a product), then, you cannot patent that idea later on. In your case, you disclose the 'idea' to a selected few, then it may not be considered as public disclosure. However, other may regard your idea, forgive me, as so-and-so, and just ignore, or may think that that is a good idea and you have not patented it, then they can go ahead and patent it.

In general, patent filing are first come first serve. Your communication may or may not trigger other party to file a patent, and if you have not disclosed the full details about your idea/invention, you still have a pretty good chance to file your patent. It is in an unknown situation. For example, someone filed a patent on 1 Sep, 2007 in European Patent Office, it may take about 6 months to have that published. That is, within this 6 months period, you don't know whether someone else 'steal' your idea and file the patent, on the same argument, some body else dont know you have or have not file the patent on 1 Sep 2007 in the coming 6 months.

In this uncertainty, I recommendation for what should be done is:
1. Document what you told others about your idea.
2. Take this to a patent attorney.
3. File a very comprehensive and aggressive patent application. Comprehensive means that no others can do as details as you can; Aggressive means cover as much claims as you can possible think of.
4. Do above steps as soon as you can, say 2 weeks' time.

Answer 3

Telling your idea to others isn't the problem. It's whether the other people steal your idea and files for a patent first. General rule of thumb is, whoever files first, wins. If your patent is stolen, you'll have to prove you came up with the idea and filed first. By telling others about your idea, you've given them what they need to duplicate enough of your work to make a case that they came up with the same idea on their own.

Remember, you can't patent an idea, only a process or a product.

Answer 4

I am not a pro, but, if you told someone else your idea and they go for a patent, they may have it before you do. Since you voluntarily gave the info, you cannot say they "stole" your idea.

Answer 5

If someone you spoke to gets the patent first youve had it.