What comes first: publication of the patent or the idea?

What comes first: publication of the patent or the idea?

In our latest Question of the Week video, we discussed a scenario when your idea contains already known or existing elements and/or components. This time, we answer a common question: is it better to file for a patent quickly or publish your idea quickly?

Publishing your idea quickly will give you one year to file for your patent – but only in the US. You are blocked from filing a patent outside the US. You also need to publish a lot of details about your idea. But what is a publication? Publishing is a somewhat broad term—it can mean that you are releasing your app, you are giving TED Talks, you are making your idea accessible on your site or you have an idea about it on TechCrunch.

Filing for a patent quickly gives you the most protection and better opportunities. You can also file outside of the US and you will be able to protect the most of the details contained within your idea. So all in all, filing for a patent quickly is more important than publishing your idea.

For example, smart watches are not a new thing but Apple patented them first, combining already known elements in an innovative way. Does your idea have that “wow” factor? The combination or how you combine the parts can’t be a simple addition of known features.

If you want to protect your idea, file for a patent. We at KISSPatent can help you to turn your ideas into profit. Give us a call and we will be happy to answer all of your questions. Submit your own question for our Question of the week series and we'll answer it!

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What if your idea has "known" components-- can you still file for a patent?

What if your idea has "known" components-- can you still file for a patent?