Question
I have spent seven months developing a prototype for a new kind of UAV, including some original software components. I have not applied for patents or copyright. I would now like to commercialize the UAV via a crowdfunding platform to gain a customer base and finance some of the final steps regarding product design and assembly. My question is now, do I "risk" any of my Intellectual Property by selling the prototype including the software on a crowdfunding platform?
Answers: 2 public & 0 private
I also recommend securing IP protection, by copyright and/or a provisional patent application, prior to publicly disclosing your invention.
If you decide to disclose the invention prior to filing a patent application you do not necessarily lose your IP rights, but it is risky. The US patent law (35 USC 102) afford you with a 1 year grace period: as long as you file a patent application within a year of making your invention public, your own disclosure (subject to the provisions of the law) will not be used against you as prior art.
A competitor's disclosure however may be used as prior art against you, unless it is identical to your invention. So, if someone improved or altered your invention following the crowd funding disclosure, and filed a patent application before you do, it may affect your chances of receiving a patent.
Also, since some other jurisdictions do not recognize a grace period for disclosure prior to filing, such disclosure may compromise your chances for foreign patent rights.
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