Legal Question in Intellectual Property in California

Public domain question

I have a friend, who a good while back, posted free intellectual property (an idea) online and elsewhere, but has since retracted it being free/in the public domain. I'm wondering if was legal for him to do this. Thanks.


Asked on 11/13/08, 5:30 pm

2 Answers from Attorneys

Manuel Rodriguez Rodriguez & Rodriguez Law Firm P.C.

Re: Public domain question

Hello,

If the idea is not copywritable subject matter, or a trademark, and it was posted in the public domain then there would be no intellectual property protection for the idea. The only exception would be if the friend were to file a regular patent application claiming inventorship of the idea within one year from the date the idea was first disclosed to the public. There is no procedure to "withdraw" an idea from the public domain once it has been disclosed.

Regards,

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Answered on 11/13/08, 5:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Public domain question

The attempt to withdraw an idea from the public domain is not "illegal" in the sense that one could be prosecuted or sued for trying to do it, but it is ineffectual, like trying to unring the bell. Once you publicize a secret, it loses any protection it may have enjoyed as a secret.

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Answered on 11/13/08, 10:30 pm


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