Myth: “I Can Publicly Disclose My Invention After Filing and Still Be Safe”

This one is a half-truth that can still be profoundly risky.

Here's the Full Truth

In the U.S., you do have a one-year grace period after public disclosure to file a non-provisional patent application, but that’s not true everywhere. Public disclosure can kill your chance to get patent rights in another country. In many other countries, public disclosure before filing a full international application can stop your ability to get patent rights in those countries entirely, even if you filed a U.S. provisional application before that disclosure.

Here's What to Do

If you plan to file internationally, avoid public disclosures before filing both your provisional application and your non-provisional application.

A patent attorney can help you negotiate the tricky details of the timing regarding applications and public disclosure, as well as what counts as public disclosure. They can help you know when to use a non-disclosure agreement to prevent public disclosure, too.

If you’d like help with a patent, let’s talk. You can use my contact form or 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 patents and other intellectual property and business law issues.

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Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
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This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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