If I don&#39;t want to patent something, what can I do to ensure the patent office doesn&#39;t unintentionally grant the patent to someone else? Say that I have created a hypothetical new invention. I would like for it to be used by as many people as possible without restrictions, so I deliberately choose not to pursue a patent on it. As described in the answers to What if I don&#39;t patent my invention?, someone else can patent my invention unless the US Patent Office is aware that there is prior art, established by me producing and selling my invention. The trouble is, I can't necessarily guarantee that they will become aware of my prior art if I'm not particularly well-known. What can be done to ensure that the patent office knows about my prior work (which I deliberately choose not to patent) and therefore doesn't unintentionally grant a patent to someone else?
There is a history of "giving away patents", which allows the original grantor to foster innovation instead of stifle it. Here are some examples: Sealand Industries - ISO Shipping Container Patented the standard shipping container, then gave away the patent royalty free, allowing a revolution in ocean going shipping. Annually it is estimated that $440 billion are shipped through these containers. Tesla - 200+ patents Elon Musk announced that the company "will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.". Toyota - Hydrogen Fuel Cell Patents Released 5,680 patents related to hydrogen fuel cells Toyota also released a lot of patents related to development of the Prius The grant of a patent provides the ability for the grantor to pursue infringement lawsuits against companies or individuals, but it does not obligate them to do so. You can give away your patent, open it up to broad licensing, or just openly state that you will not enforce any action related to the lawsuit similar to how Tesla did it.
Before the AIA in 2012 both companies could apply for a patent and if one of the applicants thought they were both trying to patent the same thing they could initiate an interference proceeding. In that proceeding before the board, they each present their evidence as to date of conception and diligent effort from that point to the date of the first filing. The board decided which application went forward. Now the U.S. is with the rest of the world in first-to-file. It doesn’t matter who conceived first unless one actually stole the idea from the other. There is a new derivation procedure to try to prove that. I don’t think it has ever yet happened. One of the &quot;simultaneous&quot; inventors could publish the invention, putting into the public domain. If published before the other's filing date, it would theoretically prevent the other from getting a patent. In any case a patent owner can stop the other from making their product or charge a royalty. There is a narrow case under the AIA where one company has been using a process that another later patents and can retain a limited right to keep using that process but can’t move or expand operations. This is called Prior User Rights.
Yes, this is a valid concern As written, every piece of IP you produce while employed belongs to the employer. This includes your hypothetical game. It also includes your weekly shopping lists, your Christmas card to your Great-Aunt Nellie, the … a-hm … private video you make of you and your significant other. As written this is overly broad and probably unenforceable. However, it’s always better to have clear and legally enforceable clauses in your agreements because unclear, arguably unenforceable ones lead to disputes. To be fair, the employer has probably lifted some (bad) boilerplate and hasn’t actually thought through what it means. Get it redrafted.
Some MP3 technologies are still under patent in the US: you can read the wiki page on that matter to see if it is applicable to what you intend to do. This assumes you write your own code – if you use someone else's conversion software, that would depend on the licensing terms for the software.
That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid. Timeline of events: United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability. That case went to trial, and the court found the claim to be invalid and that UIC failed to show unpatentability. UIC appealed that decision to the Court of Appeals. The Court of Appeals dismissed the case because both parties agreed to its dismissal (it's possible they reached some external agreement we don't know about). As far as I can tell, at this moment, the patent is active.
In Germany, there is no concept that corresponds directly to public domain. You automatically hold the Urheberrecht (~ copyright) for all creative works that you make, and it can't be given up or transferred (§29 UrhG). The work only enters the Gemeinfreiheit (~public domain) 70 years after your death. You can however license Verwertungsrechte (economic usage rights). When you make creative works in the course of employment (see §43 UrhG), your employer automatically gets the Verwertungsrechte necessary in the context for the work, which is typically an exclusive right (no one else, not even you, can use the work). Your are not in an employment relationship with your school, so it has no rights to your works and cannot prevent you from publishing them on copyright grounds. When you see advice on the internet to check with your school first, that is U.S.-specific advice. Since you're still a minor (7–17), you only have limited capacity to enter contracts or legal transactions (bedingte Geschäftsfähigkeit). While you are able to make transactions involving your own means (e.g. buying something with your pocket money) or make transactions that are only to your benefit (such as accepting a gift), other transactions are schwebend unwirksam (~ pending ratification), until your parents agree. The relevant law is in §107 and §108 BGB. This is a problem with open source licenses. If you publish software under a license, this license is schwebend unwirksam. Someone might start using the software under the license. But then if your parents refuse ratification, the license would be invalid, and everyone would have to stop using your software and destroy any derivative works they made. This is a bit of a problem, especially since open source licenses are otherwise assumed to be irrevocable. So if you want to offer a license (including open source licenses), please give legal certainty to the recipients of the license and ask your parents for their consent first, possibly even in writing. Per §107 BGB, the license you offer with their consent will be valid.
Maybe You linked to the publication of a patent application, not to a patent. Based solely on looking at the format of the number the answer would be, Yes, unless it eventually became an issued patent. As it happens, it did become issued patent US9066511B2. That would make the answer no. Since the application was filed before you started selling them, the fact that you were selling them in 2017 could not be used to challenge the patent. I say the answer is maybe because the patent has been disputed in court and I do not know if the outcome has left the patent valid. You can look this up at the USPTO Public PAIR. Then you need to search with either the patent number or the publication number. When you get to the record of the history of that application look at the Image File Wrapper tab.
As I understand it the rigor required of a provisional patent [application] is less than that of a non provisional patent. While this is true in a sense, there is a lack of nuance here. Provisional patent applications are not examined for formalities. Generally, this is interpreted as being able to omit claims. However, if you're really wild, you can even use a different page size. However, a provisional still needs to be treated during the drafting stage as if it were a non-provisional. This is because the provisional needs to be able to support the non-provisional. Notably, while you do not need to file claims with the provisional, you should still have claims drafted for use in the non-provisional. This is because the description of the provisional needs to be able to support the claims of the non-provisional. If you insufficiently describe your invention in the provisional, it will be as if you never filed the provisional: it will be useless and you'll have lost a year of priority. For this reason, it is not entirely accurate to say that the rigour of a provisional is less than that of a non-provisional patent application. Merely, the filing formalities and fees are lower. What is the risk if the provisional is too narrow? You will not have an earlier priority date for anything not described in the provisional. If you provide in your provisional that your invention must have features X and Y, then you would likely not have support in the non-provisional for your invention just having X alone. So be careful with what you describe as essential (as indeed you would with a non-provisional). That said, if you avoid suggestions that features are essential, and take care to describe broader embodiments as potentially standalone, more detail is always better. What is the risk if the provisional is too broad? The risk is that the provisional will inadequately describe your invention. Claims in the non-provisional will therefore not be entitled to the benefit of the filing date of the provisional. Intervening prior art will therefore deprive your claims of novelty. How do I get in the Goldilocks zone? Dale M's suggestion of hiring a patent attorney, while flippant, is certainly the right answer. But in general, more detail is better. As long as you describe your invention in its broadest embodiment without optional features, then describe each further embodiment while noting that the added features are beneficial but optional, you should be fine. Although this makes for a dull drafting experience, it makes for a strong provisional.