Do I have to have a patent for my device? 2 Answers as of July 28, 2011

An unpatented device was stated its public domain by the original inventor on You Tube. Right then the original inventor has 1 year from that point to patent the device even after it went public domain. Correct? Understanding this correctly, why bother applying for a patent pending at all? Thats only good for a year in the USA and you must find a market for your device. Lots of expense unless your rich. Why not let world internet public domain do it for you?? Millions look at it. If one could find a wealthy person that would be interested in buying while in world wide public domain he could receive enough funds from that party to turn all patent rights over to that party and make whatever extra money for doing so. All within that 1 year time frame of course.

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Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
It is true that you have one year from date of publication to file your patent application. Thus, it certainly would be advantageous to find an investor to fund the costs of applying for a patent. But this is easier said than done. It is quite common for an inventor to have a great invention that eventually will be worth millions, but for investors to show now interest. Most investors only become interested after the inventor has filed for patent protection-filing for patent protection is often the key step that an inventor needs to take in order to interest investors. Further, it can take several months to prepare a patent application
Answer Applies to: New York
Replied: 7/28/2011
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
I am assuming that you a "provisional" patent when you say "a pending patent". The reason to apply for a provisional patent is that during this year someone may see the device on YOU TUBE, modify and improve it slightly, and then apply for their own patent on it. All this occurring before you can get an investor and file your own patent. Besides who would be foolish enough to pay you any money for anything you display on YOU TUBE if you don't have any pending rights to it? Lets be clear - without a patent you don't own anything. When was the last time someone gave you money for nothing? If you don't have enough money to file for your own patent how are you going to have enough money to launch a lawsuit against someone who "steals" your invention? People who blatantly "steal" other peoples ideas and profit from them generally are a lot more savvy than you give them credit for, and generally have money. (Besides its not legally stealing because you don't own anything to steal.) What would you do if someone in China saw this great invention, make millions of them, and shipped them to the US where it was distributed for sales throughout the country before you got the investor and filed the patent and got the patent allowed. What exactly would you do? They have done nothing wrong at this point and in all reality probably ruined your sales market. The only thing left to do at this point would be to cry in your spilt milk and wish you would have called your patent attorney initially.
Answer Applies to: Oregon
Replied: 7/28/2011
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