Be careful about disclosing your invention

Abstract

US patent laws are designed to reward inventors for their discoveries, encouraging them to patent-and hence, disclose to the public-their inventions as soon as possible. So the patent laws, in effect, solicit inventions for the public in return for a temporary monopoly for the inventors. As an integral part of this, US patent laws prohibit anyone from patenting an invention that has been in the public domain for more than one year. During that year, inventors can exploit their invention. However, patent laws in most other countries do not allow this one-year grace period. Therefore, anyone seriously considering patent protection outside the US must not place the invention in the public domain before filing a patent application. US patent laws specify that, to remain free from the public domain, two main criteria must be satisfied. First, the invention must not be disclosed to the public and must be kept confidential. Second, the invention cannot be sold, offered for sale, or commercially used in an unrestricted manner. Other countries generally use these criteria, as well. Inventors seeking patent protection in foreign countries should not disclose, sell, or offer for sale an invention before filing a patent application. Inventors interested only in a US patent should not disclose, sell, or offer for sale the invention for more than one year without filing a US patent application. Of course, there are exceptions. For example, an inventor can generally disclose an invention as part of a confidential disclosure agreement or confidential understanding between parties.< <ETX xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink">&gt;</ETX>