Patent and Invention Help Forum

Back-dated NDA to cover previous invention disclosure private conversation

Hello I have disclosed some but not all details of a potential invention to one friend during private conversations and both of my parents during another private conversation. As I understand this constitutes a public disclosure and precludes my ability to patent my invention due to the conversations happening more than 12 months ago. I'm trying to think of ways to recover my ability to patent my invention.

1) If I obtain a back-dated NDA from each party will this restore my ability to patent?

2) Could I somehow claim I was describing the invention with the intent to eventually seek investment funds from my friend and parents? I can imagine discussion with potential designers, engineers, manufacturers, and investors have an implied confidentiality.

3) If I file a patent application that includes disclosed innovations plus innovations beyond what I have disclosed will that cover me?

Thanks!

Brad

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Private conversations with friends and family is NOT a public disclsure.   If the public was not invited or able to attend these conversations they are not public.

An example of a public disclosure would be pitching your idea on Shark Tank or presenting your idea at a conference. 
My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://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: Back-dated NDA to cover previous invention disclosure private conversation
« Reply #2 on: November 20, 2022, 11:24:38 AM »
Brad is dead on.
I would add that when you get to the point you are pitching to investors, FILE A PATENT. If you have limited funds, file a provisional patent. However, if you believe your invention is valuable, do everything you can to raise money and have a patent attorney file your patent (don't do it yourselves-if you're getting a divorce, you hire an attorney to give you the best outcome possible, your invention deserves no less). If it's valuable, hire a REPUTABLE patent attorney and do it right. After a patent has been filed, you don't  need an NDA to protect your idea. The patent filing is the best protection against other people stealing your idea.
I've seen far too many inventors lose their invention because they "saved money" and filed their own patent (which was easily invalidated in court). In my experience, I would estimate 50% of patents "stolen" by industry were because the inventor "saved money". If you have a great invention, give an investor part of your company to front the cost of the patent filing. Investors don't have a problem paying money for patent filings (they do have a problem giving you a paycheck, but not paying for patent filings!).
If you believe your idea has value - GO OUT THERE and get your invention commercialized!

Hello I have disclosed some but not all details of a potential invention to one friend during private conversations and both of my parents during another private conversation. As I understand this constitutes a public disclosure and precludes my ability to patent my invention due to the conversations happening more than 12 months ago. I'm trying to think of ways to recover my ability to patent my invention.

1) If I obtain a back-dated NDA from each party will this restore my ability to patent?

2) Could I somehow claim I was describing the invention with the intent to eventually seek investment funds from my friend and parents? I can imagine discussion with potential designers, engineers, manufacturers, and investors have an implied confidentiality.

3) If I file a patent application that includes disclosed innovations plus innovations beyond what I have disclosed will that cover me?

Thanks!

 

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