The suggestion to patent an idea, or keep the idea a secret, is most probably not a surprise. But why would anyone publish a very important idea? To understand why publishing is advantageous, you need to first understand the why patent or keep secret an idea.
Patenting an invention shows the patent holder the right to prevent anyone else while using that invention. The patent makes the idea more vital because the patent holder has a legal monopoly. Competition can be restrained to greatly increase profits. In addition, after one files to patent an idea, no one else receive a patent for that idea. Patents can also be were accustomed to ward off patent infringement lawsuits.
Unfortunately, patents likewise expensive. Patenting all good ideas can be prohibitively expensive, for large corporations. Still, one's best ideas should be protected with a patent.
The biggest downside of a patent, besides cost, is a single must disclose should put a nice to get the patent. For many inventions this isn't important. For example, for your price of the product, everyone view the inventive improvements to a new television set or simply more efficient carburetor. patenting an idea However, if the invention is someone which is hard to see, like a lower priced way to produce high-grade steel or route cellular telephone calls, then since it is invention public along with a patent might do not be a good proposition. Instead, it may be more profitable to keep a idea a secret, protecting the idea without a patent.
Using trade secret laws, one can stop employees yet others that learn giving from you from profiting from the device. how to get a patent on an idea Patents expire are 20 years, but secrets new invention idea never expire, so a secret could theoretically last forever. Unfortunately, trade secret laws will not protect your secret idea if someone else discovers it one her own. Worse, if someone else did discover your secret, she could try to patent the idea.
Publishing an idea shares advantages and disadvantages with both patenting and secrecy. Like keeping an idea secret, publishing is actually free. Like a patent, publishing also protects by preventing others from patenting the idea. As soon as an idea is published, 1 else in planet can patent this task.
However, in the United States, the inventor still has one year after publication to file a patent registration. So you could publish your idea, preventing every else from patenting it, and then wait a year before filing for that patent. This essentially gives the inventor free protection for only a year.
If an inventor doesn't file with the patent on viewed as within a year of its publication, the idea becomes part of the public domain. However, for the duration of the public domain, a published idea is still valuable intellectual property. The published idea is prior art typically used to invalidate patents that are asserted against the inventor. In fact, a published idea is just as useful as a patent in invalidating other patents.
If you don't patent or keep secret an idea, you should publish it. There are seven billion folks the world, and additionally they generate two million patent applications every year, plus countless other publications. Someone will have your idea soon. Ideas that you don't patent should be published to prevent others patenting exact same idea and perhaps latter suing we.