Patent Attorney and Founder
Can you patent an invention that’s not your own? No, you can’t.
But what about posting an invention idea online? Does that count as proof of origin? Well, sort of. Here’s the thing: in the U.S., it’s not about who invents something first—it’s about who files the patent first. Proof of origin doesn’t matter as much as filing your application.
So, what should you do before sharing an idea online?
First, know that posting it publicly is a big step. Once it’s out there, the clock starts ticking. In the U.S., you have one year to file a patent application with the USPTO. That’s called a grace period. Some countries don’t offer this, so think carefully before hitting “post.”
Before sharing, consider:
- Is the idea truly new? A patent examiner will decide if it’s original.
- Have you done a patent search? This step can save time and money.
- Should you talk to a professional? An attorney can guide you through the process.
If you’re serious about protecting your idea, filing a provisional patent application might be a smart move. It secures your priority date and gives you time to refine or share the concept later.
Now, let’s say you’re not looking to patent the idea but want to stop others from claiming it. Posting it online could work as a defensive publication. This essentially makes your idea public knowledge, preventing others from filing a patent on it—even if they invented it themselves.
Think about your goals. If you want to protect your invention, take the proper steps before sharing it. If you just want to put the idea out there, understand the risks and benefits.