Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: DeepOrange on May 12, 2019, 07:43:45 PM

Title: 102 date and private social media disclosure
Post by: DeepOrange on May 12, 2019, 07:43:45 PM
Thanks for the great read about the 102 date Brad!

My question is, if I am using a closed social media group (i.e. invite only, no detailed information is disclosed publicly), for the purpose of communicating with test users of a product, will this create a 102 date?

Title: Re: 102 date and private social media disclosure
Post by: Brad on May 13, 2019, 11:14:08 AM
That is a really good question and as far as I know there have not been any cases to test this scenario.

If I had to guess you may be okay under the public use/disclosure rules but I may be worried about the "offer for sale" rules if it looks your offering of a beta product is an "offer for sale".   Basically even secret or limited offers for sale can count against you:  https://patentlyo.com/patent/2019/01/supreme-court-secret.html

Sorry I cannot answer for certain and I dont really think anyone can answer this without doing a lot of legal research on the topic.   
Title: Re: 102 date and private social media disclosure
Post by: DeepOrange on May 14, 2019, 12:35:04 AM
Thanks Brad,
Thats actually quite helpful. If there is no clear cut ruling about it then it is probably ok as long as common sense is used.
In this case a social media group is used purely to communicate between beta testers to share experiences and ideas. There is no selling or promotion going on.
This could easily be demonstrated if needed by simply adding the interested party to the group and having them peruse the discussion.