Recently Google^® announced its 10 to the 100^th Power Project calling for “ideas to change the world”.  Google^® will be committing $10 million dollars to implement projects it selects.  The topics for idea suggestions are interesting and include age old questions such as:  how can we help connect people, build communities and protect unique cultures?  How can we help people provide for themselves and their families?  How can we help more people get better access to education?  How can we move the world toward a safe, clean and inexpensive energy?  How can we promote a cleaner environment?  How can we help individuals lead longer, healthier lives? Or, how can we help ensure that everyone has a safe place to stay?  These questions all lend themselves to potentially patentable inventions. 

The website related to the Google’s^® Project 10¹⁰⁰ website makes no reference to patent rights concerning any idea submission, who would own any patentable inventions or if patent protection would be sought either in the United States or abroad.  Further, the website does not advise those invited to submit ideas that the very submission of their ideas and inventions to Google^® could adversely impact available patent rights. 

For example, under Section 102(b) of the U.S. Patent Code, a person is barred from obtaining a patent if the invention was (i) patented or described in a printed publication in this or a foreign country, or (ii) in public use or on sale in this country, more than one year prior to the date the application for patent in the United States is filed.  The patent laws of many foreign countries do not afford this one year grace period.  For these and other reasons we typically advise clients to consult with us before making any public disclosure of an invention.  We can then properly advise the client, based on the nature of the invention and the countries where patent publication may be of interest, how to proceed under United States and foreign statutes and international treaties to preserve the write to patent and timely file the papers necessary to secure the patent.  Such consultation should occur before any submission to Google^® is made to ensure the submitter understands his rights and the impact the submission can have on these rights. 

Google’s^® offer may be enticing but, like a lottery, only a few of the people of the many likely to submit ideas will share in the money.  Anyone submitting an idea should evaluate whether their idea warrants protection and seek legal advice to ensure their right to protection is not lost.

Jim Paige          (612) 392-7310           Jim.Paige@nm-iplaw.com