Ask HN: Can a detailed CGI animation serve as prior art for a patent?

3 points·JabavuAdams··6 comments

I've got a robotics idea that I don't have the time to pursue right now, but I don't want to be prevented from pursuing it in the future by someone else patenting it.

If I made a CGI movie of the idea and disseminated it publicly, could that count as prior art that would prevent someone else from monopolizing the idea?

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Patents are a joke. Fancy CGI is overkill considering that patents are based on black and white line drawings. The best way to prevent a patent is probably to file an application yourself then don't pay the issuance fee. AFAIK the first thing patent examiners look at is previous patent applications.

Best thing you should do: consult a patent attorney.

Given that, anything that is published publicly, and upon which a date of publication can be proven, can serve as prior art for a patent.

But, also keep in mind that after one year, your movie would also block you yourself from patenting the material in the movie as well.

Also note that the "1 year" thing is only true in the US (I think), and that in most jurisdictions, disclosure immediately prevents patenting.

IANAL, etc.

You are correct, the 1-year part is specific to US rules.

I'm not sure, but I believe the EU doesn't grant this one-year gap - it becomes unpatentable as soon as it's published.

IANAL, however in general ideas are not protectable.

Even if your animation is admissible as prior art, there is nothing stopping someone from pattenting so much of the implementation process that you are still effectively prevented from pursuing it.

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