Patent and Invention Help Forum

Scope of public disclosure for patent?

Scope of public disclosure for patent?
« on: March 28, 2017, 02:07:55 PM »
In the article addressing the importances of using a CDA, you stated that in the eyes of the USPTO, the information shared would not count as a "public disclosure" if a signed CDA were in place.  Now I'm reading your article titled "Filed a provisional patent - What's next?".  Toward the bottom, you state, "Re-file a new provisional patent application (this assumes that your idea is still secret and nobody else knows about it)".

If I had a signed CDA with a potential licensee, would my invention still be considered "secret and nobody else knows about it"?
« Last Edit: March 28, 2017, 05:30:03 PM by Brad »

Brad

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Re: Scope of public disclosure for patent?
« Reply #1 on: March 28, 2017, 05:55:04 PM »
Yes.  Sorry I should update that page.

If the "other person" signed a CDA or NDA than that would not be a public disclosure and you could possibly refile.  Note the risks of refiling those as mentioned in this post:  http://patentfile.org/can-you-refile-a-provisional-patent-application/

My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: Scope of public disclosure for patent?
« Reply #2 on: March 30, 2017, 01:40:45 PM »
Many thanks Brad!
I thought that I had covered everything on your site.  Looks like I missed this one.
Great content