Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: nobleandtrue on November 29, 2018, 08:30:41 PM

Title: WHAT CONSTITUTES PUBLIC DISCLOSURE FOR A PATENT?
Post by: nobleandtrue on November 29, 2018, 08:30:41 PM

I am seeking venture capital for a business that is based on a new invention.  I do not want to file for a patent without first receiving enough funding to hire a top patent law firm.  How much can I disclose about the invention without jeopardizing international patent rights?  I was under the impression that I would have to reveal some technical information to jeopardize IP protection, but I have read various opinions on this and I am baffled.  As wild examples, if I say in an email that I have invented a car that runs without gas or a battery that self-recharges, would those statements jeopardize patentability?

Title: Re: WHAT CONSTITUTES PUBLIC DISCLOSURE FOR A PATENT?
Post by: Brad on November 30, 2018, 10:17:54 AM

In general to be a "public" disclosure the public must be able to view and access your information.  Presenting to investors in a private room or sending an email are not public so they are not public disclosures.

Putting something on your website or publishing a white paper on the idea would be a type of public disclosure.

Title: Re: WHAT CONSTITUTES PUBLIC DISCLOSURE FOR A PATENT?
Post by: Joseph on December 28, 2018, 01:41:45 PM

Is patent-related information sent in a private message at risk of being considered "public"?  Messenger, Skype, etc, to an individual or select group of individuals for the purpose of raising capital and/or seeking partners etc.  Assume that the person sharing the information clearly documents his notice that the content is private.

Title: Re: WHAT CONSTITUTES PUBLIC DISCLOSURE FOR A PATENT?
Post by: Brad on December 28, 2018, 04:34:06 PM

As long as its a closed group and the public cannot access it or Google cannot crawl it that would not be a public disclosure.