Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: gmovies on July 23, 2022, 04:45:18 PM

Title: Back-dated NDA to cover previous invention disclosure private conversation
Post by: gmovies on July 23, 2022, 04:45:18 PM
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!
Title: Re: Back-dated NDA to cover previous invention disclosure private conversation
Post by: Brad on August 24, 2022, 09:25:28 AM
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. 
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