The Horror: Losing International Rights on Day One and US Rights in a Year
Inventors love to talk about their creations. They’re excited about them and want validation, investor feedback, and early market buzz. But the very first time you disclose your invention publicly, whether it’s on a social media post, a trade show demonstration, a sales pitch, or a tech journal, you start the clock ticking on your patent rights.
- The US Deadline: In the U.S., you have a one-year grace period from the earliest public disclosure to file a patent application. File that application 12 months and 1 day after your first public disclosure, and NO PATENT FOR YOU!
- The Global Nightmare: In some foreign countries, there is no grace period of any kind. Any public disclosure before filing a patent application can cause you to lose your rights in valuable markets across the globe. In many other countries, that deadline is just six months.
Actionable Takeaways
- For US rights file your non-provisional patent application (or at least a detailed provisional) before you publicly use, sell, or disclose your invention. Then if you filed a provisional application, don’t forget to file the nonprovisional application within 12 months of the provisional filing date!
- For foreign rights, check the grace periods and file your international application(s) before they expire. That may mean filing before any public disclosure!
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.
