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【ＰＲ】個人様・社長様に特化＆元特許審査官が運営する特許事務所！
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東雲特許事務所（しののめ特許事務所）
弁理士　田村誠治（元特許庁審査官）
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【稀有な経歴】特許技術者→特許庁審査官→特許事務所運営

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【特許ドットコム】
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【ここだけの情報満載のブログ】
個人発明家向け特許・発明教室～目指せ一攫千金！～
https://www.tokkyoblog.com/
【本音モードのブログ】
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【note】
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https://youtu.be/sJgjSOk72i4
音は出ませんのでぜひご覧ください

＜機械翻訳＞

Should I apply for a patent as soon as possible after selling my product? [Rewritten version]

(Q) I sold my product online before filing a patent application.

I heard that it's possible to get a patent even in that case (★).

But if someone else files a patent application first, it's no good, right?

(A) In this case, you may be able to get a patent.

You publicly disclosed your invention

->Then, a third party filed a patent application for that invention

->Then, you filed a patent application

In this case, you may be able to get a patent.

<Explanation>

For (★), please read this article.

You can't get a patent for a product after it's been sold, right?

First of all, patents are based on the "first to file" principle.

The first person to invent a product doesn't get a patent.

The first person to file a patent application can get a patent.

In a sense, it's "natural" to apply for a patent as soon as possible.

(This is a balance with taking time to complete the application documents.)

Having a product publicly disclosed and applying for a patent quickly are separate issues.

<Example>

① You make invention A publicly known.

② After that, a third party steals invention A and files patent application α for invention A.

③ After that, you file patent application β for invention A.

Let's say that you have taken the prescribed procedure for exceptions to lack of novelty.

In this case, how will patent application β in ③ be treated?

■Relationship with ②

Patent application α in ② cannot be patented due to the publicly known fact in ①.

And it will lose its status as a first-to-file application under the "first-to-file principle".

Patent application β in ③ will not be refused a patent due to the fact in ②.

(Note) In the first place, patent application α is an invention that has been stolen.

It cannot be patented as a so-called misappropriated application.

And it will not have the status of a first-to-file application.

However, it is often extremely difficult to prove this fact.

Here, I have deliberately given a different reason for refusal.

■Relationship with ①

In addition, the prescribed procedure for exceptions to lack of novelty has been taken.

The patent application for ③ will not be rejected even if the fact in ① is true.

■③ may be patentable! Should you file a patent as soon as possible?

Therefore, you may be able to obtain a patent by filing patent application β in ③.

So let's go back and consider whether you should file patent application β in ③ as soon as possible.

This is a general question, separate from ① and ②.

In other words,

✔If you want to secure a filing date → You should file as soon as possible

✔If you want to improve the contents of the application documents → It's okay to take your time

(Up to one year from the date of public notice)

Here is one example for reference.

Please be careful when generalizing this example.

If you want to obtain a patent after the product is on sale, be sure to consult a patent attorney.