If you think of an invention, but don't have the means to create it, and someone years later has the means, is it illegal for them to patent it?

If you think of an invention, but don't have the means to create it, and someone years later has the means, is it illegal for them to patent it?

17 answers , last was 17 years ago

People have brilliant ideas all the time, but are unable to bring them to fruition all the time. If you have plans drawn up, and years later, someone you don't know has the exact same concept, can they say that it's their own idea and have it be validated? Or can you dispute the fact by providing some sort of documentation that you thought of it first, and if so, will they forfeit the profits and title to the patent that they may have obtained?

Asked by Alanna Francesca in Law at 12:40am on February 12th, 2008
John Supp 2272
Answered at 3:21pm on April 10th, 2008
If you have plans drawn up, you can get them copywrited (copywritten?). Anyway, it will prove the idea was yours, and you don't have to make a prototype or pay all the fees that go along with actually getting the patent.
Willie Jacobs New Brain
Answered at 6:41pm on March 11th, 2008
Well........actually you can still patent an idea it dosn't have to be solid but if some one is searchin thru unbuilt patents they can get with you about that patent, if that person has means mainly financial means of bringin your patent to life then it your choice on whether u want to sell or help and add on to tha money!!!!!!!!!! GREAT UNMADE THINGS ARE NEEDED EVERYDAY KEEP INVENTING!!!!!!!!!
Frank Leighton 1224
Answered at 3:10pm on February 23rd, 2008
another way to patent your idea is to write it down on a piece of paper, place it inside an envelope and send it to yourserlf certified if possible. Make sure you don't open it, and keep it in a safety deposit box. Once you send it in the mail, it has the date it was sent by the US Post Office.
Jessica Harlan 1327
Answered at 2:24am on February 17th, 2008
Basically whoever patents the idea is the rightful owner, that is the point of the patent to protect you from someone else taking your idea, of course they can create a knock off after so many years, but you can get different patents, and the best thing to do if you know you have a golden idea is patent it and show it to bigger companies, like if you have a idea for a car then patent it and go to ford, chevy, honda, where ever and pitch the idea, who knows what you could end up wit
Unknown Brain New Brain
Answered at 8:33pm on February 14th, 2008
If you have an idea for something, it has to be documented that you "had the idea" So if you have an idea and write it down, it is copyrighted to you, but not pattented. If someone creates the identical object, you do have first rights to it, but you will need to go through the pattent process and prove that you had it first. So it is possible to have the rights to it first, but it can be very difficult to prove.
Unknown Brain New Brain
Answered at 4:03pm on February 14th, 2008
If they created it first, whether you thought of it first or not, then it is theirs to patent. This is different though if they got the idea from you, created it, and called it their own.

Think of it this way. Many people have wanted to set foot on the moon. The first person probably thought about it thousands of years ago, but the United States was the first nation to do so. Can you give credit to anybody but the United States for this even though somebody thought about it before the United States was even around?
Erica Moses 1303
Answered at 6:19pm on February 13th, 2008
If you don't patent or otherwise legally document the idea as yours, then you have no way to prove you thought of it first, so the other person has no barrier to getting a patent.
Camryn Prevost 1414
Answered at 12:18pm on February 13th, 2008
If you have documentation of at least your idea and plans on paper and these documents have been publicly notarized, and the other person invention is clearly similar to yours in every aspect, yes you may have an opportunity to dispute the situation. The person would not really forfeit their patent, but you would be entitled to a percentage of the profits.

Take a look at this URL for further understanding of patents and patent protection:

http://www.patent.org/pg-tpl.php?doc=home
Cihan Aydin 1889
Answered at 12:20am on February 13th, 2008
I think before getting a patent for the idea, one must think the idea in extensive detail and cover all gaps for future attempts on espionage and/or plagiarism. DO NOT make your idea public, unless you are pretty sure that (quadruple+ checks and by creating virtual worst-case scenarios) they are whole and gapless. Then, with this extent you can apply for a patent.

But if you are getting the patent for the idea through an institution, you must pay them some percentage of the copyrights - even if it is an idea and to be used for later purposes.
Unknown Brain New Brain
Answered at 9:44pm on February 12th, 2008
As far as the law is concerned, that is what patents are for. If they came up with the idea also on their own, it doesn't matter if you had thought of it years earlier, they can still get the patent themselves. If you have an idea and you can put it into production now, you can still patent the idea itself and follow-up on that idea at a later date.
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