How to publish a new technology without having patent? i will lose my ownership on it?

by **kyledyr** » Mon Jun 18, 2012 5:16 am

i invented a new software based hardware technology which can solve many problems. i know getting a patent take a very long time sometimes and is not an easy task. my question is i have to apply and wait get a patent then release my technology ? (because waiting that much time make no sense ; people suffer from the problem when i know the answer)
or there is some way to publish technology faster and safely before getting patent without losing inverter's rights? or the only legal way to protect my right for this technology is having a patent then starting publishing it on the internet ?

by **jerard** » Mon Jun 18, 2012 5:22 am

If you don't have a patent, you HAVE no ownership.

What part of that do you fail to understand?

Once you have applied for a patent, you can have some protection by disclosing that you have a "patent pending."

I'm sorry, but I am having a hard time believing that you invented anything non-obvious.

by **blaeey** » Mon Jun 18, 2012 5:33 am

You need to buy an hour of attorney time to see what your rights are.
You may have some protection if you have a "Patent Pending."

However, like games, I do not think you can patent software. You can Copyright it, but I do not know if software is inherently and original idea.

It would be worth it to contact a Patent lawyer and find out before you do anything public.

by **wahchintonka48** » Mon Jun 18, 2012 5:41 am

You speak to a patent attorney.
You file a disclosure of your invention as a provisional application, giving you "patent pending".
You disclose your invention to selected others who may invest and help you get your product rolling.
You use some of the invested money to get a "full" patent application filed within a year, say, $10,000.
You forget about your patent for the next two years, until your attorney informs you it has been examined and rejected. You work with your attorney to draft a rebuttal to any rejections or objections and maybe amend your claims.
You continue to expand your commercial market and make millions of dollars, having NO patent.
Your patent is eventually issued, perhaps in a form that is watered down from your initial claims.
You hope that nobody has infringed your patent.
Someone infringes your patent and you cannot get them to stop.
Your attorney advises you on your options and asks for a $250,000 retainer.
The defendant raises "prior art" that the examiners overlooked and your patent is invalidated, at least to the extent it was allegedly infringed by the defendant. You pay your lawyer the remaining costs of the three years in federal court trying to enforce your patent, which is now essentially worthless.

Any questions?

by **eochaidh94** » Mon Jun 18, 2012 5:48 am

Matt:

Check out this website.. MAINLY for the NDA and secondly so you can learn about the provisional application for patent..
http://provisionalpatentvideo.com/patent-instructions/Provisional_Patent/Patent.html

Questions on Copyright..
Watch the vids here..
http://www.take5inc.com/copyright/
That process in only $35!

PM me if you have questions..

Thanks,

Dave

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