Advertise without patent?

[alcatraz bird]

What is the name of your state (only U.S. law)? Indiana.

I brainstormed an idea and have built a working prototype. I made an instructional/advertisement video about it that I want to post online. If I do advertise it for sale, don't I have a year after first disclosure before I have to file for any type of protection? After seeing my video, can someone else file for the patent after I disclose but before I do? If someone files and steals my idea during that year, can't I file infringement against them after I file for patent prtection and am granted the patent?

Should I at least file a provisional before I post the video?

Thank to all who respond.
Alcatraz Bird

 

[quincy]

U.S. patent law changed in March of this year.

You do not necessarily have any time after disclosure to protect your invention. Instead of first-to-invent, the law in the U.S. is now first-to-file, which puts U.S. patent law in line with patent laws in other countries.

To protect your invention, you might be smart to file a provisional patent before introducing your invention to the public, and you would be wise to consult with a patent attorney in your area before doing anything.

U.S. Patent and Trademark Office website: http://www.uspto.gov