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Comment by danshapiro | Hacker News Reader

My $0.02: If you don't have a lot of money, ignore patents for now, but realize that as soon as your ideas are public they are internationally unpatentable.

If you have a little money, file 1-2 key patents on your core ideas.

If you're rolling in money, hire a patent firm to chart the landscape for you in a way that doesn't expose you to willful infringement.

Note: the entire system is a steaming morass; I try to be pragmatic about it, but don't disagree with those who want to flip the table and ignore the whole mess.

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> ... filing a provisional patent starts a 1-year clock where, if you don't find the money and time to file a real patent, your IP irrevocably enters the public domain.

IANAL, but I believe this is incorrect. My understanding is that if you don't follow up with a non-provisional ("real") patent application, the provisionals don't count as prior art, and in fact might as well not exist. This is because provisionals are not published and cannot be discovered until the corresponding non-provisional is published. Would prefer if an actual patent lawyer could confirm, however.

You're right, fixed. Thank you. What I was thinking of was this:

1) File provisional

2) Publicly disclose

3) Provisional expires

At this point, your public disclosure counts as prior art.

Isn't provisional also public info that anyone can access?

> but realize that as soon as your ideas are public they are internationally unpatentable.

Most countries have a grace period[0] of 6 months to a year where you can still file for patents even after public announcement. The grace period is one year for US.

[0] http://mewburn.com/resource/grace-periods-for-disclosure-of-...

Thanks, this is very valuable info. What constitutes my ideas being public? If I already have a splash page up, does that count?

Any public disclosure of your product (which could be as simple as a demo to potential investors not under NDA or a YouTube video), "publications" including web pages, and "offers to sell" which may include advertising. Announcing the name of your product probably is not a problem, but a splash page that describes how it works or on boarding users could make your idea public. The details can get tricky.

If you think you might want a patent, don't hesitate to talk to a patent lawyer to make sure you are not waiving your rights, otherwise you'll regret it. You can always choose not to spend money on the patent application but make that decision after you know what you are doing.

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