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.
2 Answers from Attorneys
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,
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.