I think I made a mistake about a month ago and disclosed an idea that I had to a colleague. I'm in the process of taking the idea to market, but it hasn't gone public yet. I wasn't planning on patenting it, but it very well might be patentable. Can the person that I disclosed the idea to patent it?
ANSWER
Yes, but the patent would be subject to attack for failing to name the true inventors, at least in countries where the correct naming of inventors is important. They could perhaps make an improvement and patent that improvement, and so, have a valid improvement patent.
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Dr Patentsteins' Tips
When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner | Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation | After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim |
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