Publicly disclosing your invention before you file a patent application can be a grave mistake.
This is one of the most terrifying things an inventor can do. In the U.S., you can lose your right to patent your invention if you talk about it publicly more than one year before you file. In some countries, once it’s public, there’s a shorter grace period or no grace period at all.
Imagine showing off your prototype at a trade show to excited buyers. Then you get busy, and time flies past you. You keep meaning to file a patent application but also keep forgetting to take any steps toward actually doing that. Six months go by, and you’ve lost your ability to get patent protection in the UK and much of Europe. Then it’s 12 months, and you’ve lost your ability to get a patent in the US, Canada, and Mexico.
Don’t fall into this open grave! It’s best to keep your brilliant ideas secret until you’ve talked with a patent attorney about the timing of making things public and filing patent applications.
Intellectual property is one of the most terrifyingly useful tools you have. If you’re a creator or other entrepreneur ready to build a frighteningly powerful brand and business, you need to know how to use it. You don’t have to face the darkness alone, though.
I help entrepreneurs across the U.S. make smart, legally sound decisions about their intellectual property. I’m an attorney in Champaign-Urbana, Illinois, but I serve intellectual property clients nationwide.
If you’d like to consult with me, please book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on intellectual property and business law issues. I’m also on most major podcast platforms as “Know Your Rights: Your Intellectual Property and Business Law Playbook” (video on YouTube, Spotify, and Substack only) and on most social media as @kingpatentlaw.
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