Once you disclose your invention to others without having a non-disclosure agreement (NDA), you have one year to file the patent application for your invention, or you lose your rights to it in the United States. In Europe, you have no grace period; you lose your rights to the invention immediately. Disclosure can happen through other means besides publication. It can happen by presenting posters or slides at conferences or sales events even if you do not publish an abstract. Simply displaying the information at the conference constitutes disclosure. Even describing an invention to offer it for sale has resulted in losing the right to patent intellectual property.
Because of these rules, until you have applied for a patent, you need to talk about your idea, your approach, and the problem it will solve without revealing confidential details when talking with investors and potential partners. It is fairly easy and inexpensive to submit a simple provisional patent application to ensure that your intellectual property is protected for up to a year before obtaining a full patent.
Universities and most businesses are careful to avoid inadvertent disclosure through publications. Most require a review of publications and abstracts by a patent attorney prior to submission.
Tips
Think about intellectual property early. Don’t postpone it.
Talk to a patent attorney or agent to learn about safe ways to talk about your invention before applying for a patent. If you must talk about it, use a non-disclosure agreement (NDA).
Quiz Question on Disclosure
How long do you have to file a patent application in the United States after publishing your research results that constitute disclosure about your invention?
It is too late to apply for a patent in the United States if you have published your research results.
Incorrect
- You have one year to file a patent application in the United States after publishing your related research results.
1 year
Correct
- You have one year to file a patent application in the United States after publishing your related research results.
5 years
Incorrect
- You have one year to file a patent application in the United States after publishing your related research results.
20 years
Incorrect
- You have one year to file a patent application in the United States after publishing your related research results. Twenty years is the life of a patent, after which your invention is no longer protected from others making, using, or selling it.
